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mttentloa tall tii](»esB^ tita ept i^e4& lM witfi ithfe - iershipherete^tee He subisciifier^, - t>nsent. ?^M. R. 'PHOife^Uiw . M. RUSSIA, ^ ' 1,1825. * >**• <iS5(gy,’ jaei % Senate^ _ _,. E h ^ ltow in ^ a m S ^ M jo the Constitutioi ofi^l [n c h o fth e B r e t^ lio ,,,l arttda of tte Giiai'l hoes the qualffic^ ^jpI p persons o f cdoi,be; bby abolished, Emitted [itizeii o f |ho have be^aa^^jj.! ! State one year * ction, and for at of the County whae& ^te, shall b e ^ titl^lofrfi Ward where “ elsewhere, for iffl ofici, hereafter mayh4«Jec%3 By order o f the Sehatei If the -Members ■Dg- in favor tfietetfe TA IX M A B iSi, B-ei'fJ I Clerk. 1 )F N E W -Y O R K . k t this Honse: co cpHv.«, [ in their preeedii presold of the Member r'elfeetw king in^vor the reoC j N CROLIUS, SpeaketX \Clerk, ^ ■ lermte^ March lO i____ lat the following amenij ad to the Constitution efl hat the same be irferreil lire neyt taojjp chosen, an| |rsuancjehl'.4he ptovi^il, |bn e f the eighth articleofj ution. Ipje o f this State, in their 1 p h ^ at their annual elec-1 “\i manner as the. Legisl^J t elect by ballot their ice; and the JtBticesi n, shall inunemtdyl [ together, and in presence or and Town Clerk oftk Idivided^ by lot, into f(Hir each class, and be nn|fc k three and four; andj|e |r one shall expire at tie year ; of number two il [second yearj of nunij pd of the third yearv^^jol at the end o f thf ^ kat one Justicemay- ^ . uy elected; and snth section of the foui^l bnstitution o f this Statear j |with this amendment^ bi the Members elect^ t8:] kg in fovor thereof. TALLMADjGE.P/fifl. Clerk. ;r^e7n6/y, A p ril 7, 1855. it this House die concur |in their preceding xesoitt* 4 the Members electedtofil •in favor thereof. /'I CROLIUS, Spedken \ >lerk. 43m r u ; ■ J ____ [ 's>rr -M BATAVIA, SATURDAY, SEPTEMBER 3,1835. © B O R G I A t h e c r e e k INDIANS iVe commend to the spedial notice of ... re.a«r. tie following e l i t o f e a i t i - 1 1 frnm a late number of the JVew-York \tview, and trust its extremd length will »Ue.er . eOnl «f ILirh talent, and treats of a subject deep- ! niia^ character. spice o f life jiet even •he occasionally of the grtn?- ence should Court, held for the cQuu* 1 at the SuTTogstesO&tt. - tf Batavia, the SESthtfel |l825— 5R MIX»STnrni^tes ^ filing [P. H asca |1!^' AdminiS' i NicHOti, late of tfi? | son, in the county of | 4 te of Connecticut ' lapers and scliedufeff jtnG ' ^ hat aft persons inteiBst* ' the said deceased, ^ Id Surrogate, athis vf- iofBatavia,.and'c 0 Vih|y<l 7 fnesday, the seprenthdAyl <f, at ten o’clSc^ hs , [ day, to shew cfose, n I py the whole o f the rf\ * [the said n thereof as is necesstty fcould not be sold, t pR MIX, S u r r o g g ^ we Honorable Joto Pudge of the coim^ o* £E is hereby given t<r^ pimes I*ailerscntf pprisoned on tj® ly of Genesee, to sho^ have, before the sai» i f i S i S u S t L o n f e r ' his readers upon matters (S^aspect, altho’ such confej 1 crowd out accidents by flood And field. In S .charge of this obligation^ and under the impression that the controveray here- hn e.vamined 'vill scnously J^ftole the I next\ Congress, we reiterate the remark, Uv.=t thp article below deserves ain atten tive slightly Lssed oSc by any citizen. All ought to iLderstand this question, that members of Ifon'tress may be made responsible for Itheir vote on a matter' of such general un- brtance and high interest.— Freeman’s Uiiurnal' EXAMINATION th-^ bctlCCCTh GiCO'i*^t(h-ClTiiilr iJvc Creeks. 11 . Message from the President of the U. ■ States, transmitting sundry Documents ill relation to the extinguishment of the Indian title, within the limits of Geor gia. Washington. Gales & Seaton. 1834. |n. ’Message from the President of the U. States, transmitting sundry Documents in relation to the various Tribes of In dians within the United States, and re commending a plan for their future lo cation of government. Washington. Gales & Seaton. 1825. . Message of Gov. Troup, transmitted May 23, 1825, to the Legislature oi L Geoigia, specially convened by procla mation. Milledgeville. 1825. . Official Documents, containing a Mes sage of the Governor of the state ol Georgia to the legislature, with the correspondence between the Special Agent of the U. States, Gov. Troup, and the Secretary of Wan Milledge- viile. 1825. The charabter of the confederacy of the lUnited States, is a subject of great inte- est, both to the present generation and |to posterity. It is regarded by the con- llcnding parties, in the political world as Ithe great exemplar of liberal establish- Iments; and upon its conduct and suc- Icess depends the speedy advancement, or Ithe tmnporary defeat, of the liberal party, jits force is not a physical, but a moral j force. 11 consists in a national chara cter, |ar.snVhedby injustice and oppression.— ....taker cacnot finfl in lifieit anhals records of successful or unprovoked jvasions—of triumphs achieved oVer the feits of nations au4 humanity. The go- rernment of the nation has, ‘on all occa- lions, appealed to reasoil as Its standard, id by that standard it wM be judged.— Iter a profession of its principles, so o- febaly and so often reiterated, i!t cannot ihape its coarse according td thq dictates pfa temporizing, prevaricatmg policy.— [t must act up to its principles, cjr it must Bfsavow them. The path of honor and lastice is open, and it may travel pn alone, iustained- only by the moral strength [vhkh a stridt adherence to the (maxims of integrity gives to a nation ; oi^ it may ^hrink from its high destiny, and jlike the lembers of the Holy Alliance, stoop to khare in the petty plunder, derivfed from strippkig the weak and the defenceless ot their possessions. If it be enmlohs of the fame of the partitioners of Poland, the in- [vaders of Spain, and the plonjlerers of In dia ; an opportunity to equAl, and even exceed them, is forced upon the govem- nent of the United States by Ithh conduct if the Governor of Georgia, and upon the ’ eposition of that question, tqsts the fu ture character of our counljiy. By the rash and unjustifiable measures of the Ex» lecutive of that state, the natibnal govern- Iment is compelled to decide upon the ulti- jmate destiny of the IndianI within its llimi^; to become a party tp their forci- jhle^emoval; or to protect Ahern in the jla^ul enjoyment of their I’igiitful posses- [sjoDS. ' j / In an age like this, with a free press, And thousands ready and wil|ing to vindi cate the rights of the ipean^st and most defenceless; we cannot, if w!e would, dis pose of thopsands of humaiii beings like ilcattle» witfaotit inquiry. Their wrongs [Will go forth to the world, apd the agency |hat we have in their fina][ disposition, must-inhke part of t p national history. Let ufj then, as we value the opinion oi ihg the fairness df the publi/anthorities, injuatice was occasionally practised by in dividuals ; aijid the ignorant and untutor ed savage wps often driven, by these un authorized wrongs, into indiscriminate hostilities wijth the colonists. If, in the conflicts, thejr numbers were wasted, and often whole tiribeswete exterminated, one could only lament the bard fate which seemed inevitable. The peculiar situa tion of the colonists, and the habits of their foes, impelled them to that course. With the foupder of Carthage, they might have truly said, “ lies dura, et regni novi- tas—talia cogunt Moliri.\ In the lupse of time, however, this ne cessity ceased; and the philanthropic men, who guided the councils of these states at tlie formation of the constitution, determined to make an efibrt to preserve the remnant of the American Indians from the destruction to which they are visibly hastening. A peculiar race of men was \yasting away—a race distin guished fori many noble and exalted qual ities, wa'Ik 4afty diminished by the sword, the pestilence, and the vices which they had acquired from the example of the Eu ropeans, without adopting the political and social system, which deprived those vices ofith|eir exterminating qualities. In a few moite generations, unless some ef fort should be made for their preservation, they felt that the aboriginals would cease to exist, ajnd the race be numbered with those whose language .and habits only af ford scope for the speculative inquiry of the antiqparian. This decay, too, ha4 commenc(;d upon the arrival of the Euro peans, arid seem e d to be a consequence of their contiguity. As philanthropists, therefore,[and as patriots, watchful over the nationial character, they were desirous to rescue the Indian from extinction, and to elevatel him to the rank of civilized man. Thqy felt this to be due, not only to the savWges and to their own charac ter, but it 'was a just tribute to their an cestors, who had founded this empire oi civilized humanity in the American wil derness, to [serve as a refuge from the op pression ajjid justice of the old world.— They coulijl not bear that their fathers should be reproached as the merciless ex tirpators of the aboriginal race. They had no am b ition to be ranked with the Goths and'Vandals, who destroyed the Roman eippire, with tlie devastators of Europe, or with the unrelenting conquer ors of Hispaniola and Mexico, who laid the foundations of their sway in the de struction of the native inhabitants of their several countries. While they anxiously sought to perpetuate and extend the An glo-American republic, they were not re gardless of the untutored savages within its limits. They intended,-if possible, to elevate them to an equality with them selves, by affording to them, all the helps o f civilization; and, at aET events, to pie-; serve themselves, in case of their extinc tion, from all participation in hastenmg that unhappy result. The liberal de signs and feelings of the revolutionary patriots towqjds these unfortunate people, may be plalifi^ understood, from the agree ment madeV With the Delaware tribe in 1778, whereby the Indians were invited to form a state, and send a representative to Congress, a The Cherokees were al so secured, by the treaty of Hopewell, 1785, the right of sending a deputy to Congress, b These philanthropic offers cannot be misunderstood. They speak volumes in favor of those, to whose ex ample and exertions \jve owe all we value most. With this view, too, upon the es tablishment of the national government, they entered into treaties with the vari ous Indian tribes, whereby the several re- ations and obligations of the U. States and the Indians were specifically set forth and defined. The limits of the territory reserved by the aboriginals were descri- )ed, and the integrity of their landed pro- terty was guaranteed, by the U. S.— Other obligations were assumed by the national government; but as the general policy of the United States has been suf ficiently developed, and as this question relates chiefly to the Creeks, it will be necessary to confine our attention to the treaties by which their condition was fixed. Shortly after the accession of the patriotic and venerable Wash ington to the chief magistracy of the republic, a treaty was concluded at New- York, in his very presence, with the Creek nation. These particulars are mentioned, that the sanction of that great and good man to the humane policy of the government, may have its due weight with all who respect the purity and saga city of the Father of his country. By this treaty the United States took the Creeks /under their protection; guaranteed'fto the tribes their lands within specified lim strikers, to be fuimished by the United States; thus plainly showing their inten tion to acceptithe humane offer of civiliza tion from our hands, d With these obli gations subsisting on the part of the U. States, an agreement was entered into with, Georgia in 1802, e by which the United States agreed to extinguish at their expense, for the use of Georgia, the Indian title to all the lands within the limits of the state, “ as early as the same could he peaceably obtained on reasonable terms.” The consideration given by Georgia on her part was the relinquishment of all the claims to the vacant territory on the west, included within her boundaries as describ ed in her charter, the proclamations of 1763, and the commission to Governor Wright; but which was claimed, togeth er with the western lands, within the boimdaries of Massachusetts, Connecti cut, New-York, Virginia, and N. and S. Carolina, as the common property of the confederacy, wrested from G. Britain by the united arms and treasure of the thir teen colonies, and ceded to the United States when their independence was ac knowledged by the treaty of Paris. After the revmutionary war had closed, the other states, influenced by patriotic mo tives, and desirous of preventing all intes tine disputes, as well as to hinder the un due aggrandizement of any one state, fol lowed the example given by New-York during the existence of that contest and relinquished to the government all their back lands, either with or without an e- quivalent. Georgia, more fortunate, or less generous than her sister states, delay ed her assent to that session until 1802, when it obtained more favorable terms than the other members of the confedera cy, whose titles to the western territory rested upon the same footing as her own. This cession, eveai£4ier title had been clearer than it was,^G4orgia was bound to make, by motives of gratitude and public duty to the confederacy, whose arms had achieved her independence almost without her aid. Upon her making it, however, she received an ample equivalent. 1,250,000 dollars were paid to the state from the first receipts from the lands; in 1802, a treaty was made with the Creeks, by which a portion oftheir lands was ceded to the U- States oqd_ vested in Georgia ; in 1815, anotherpOVtion was ceded in like manner. These- cessions, together with the sums paid unfier the convention, cost the United States nearly §8,000,000—a sum exceeding on^ half of the expense of the Louisiana putchase: and Georgia has received 15,000,000 ofacres, to which the Indian title has been extinguished./ During the late war, a portion of the Creeks, instigated by hostile emissaries, and influenced by misrepresentations as to the intentions of the United States the soil, i. e- the sovereignty, to the ex clusion of civ#zed nations, and the abso lute property upon the extinguishment of the Indian title. The colonies before the revolution and the states bince that event, never conceived that they had a right to appropriatuhe soil without the consent of the abol^inal inhabitants.. Treaties were made with Ahem for that purpose, fiom the earliest settlement of our coun try. In some of the provinces, the Indian title was considered as complete \so that it might be transferred from an Indian to a white man without the consent of the gov ernment ; and the determination of An- dross to subject those titles in N. Eng land to a quit-rent or patent tax, caused a rebellion, which ended in his deposition and imprisonment. In other, parts o f the country, the colonists were compelled to purchase through the governments. But in no province did the colonists conceive their title to be good, so long as the,In dian tribe remained unextinguished. To the honor of the country be it recorded, that in no instance did thO pbblic authori ties sanction the abominable doctrine, that civilization gave the white man a right to exterminate or enslave the aboriginal, or to confiscate or appropriate' the pro perty and land of his tribe. These Indians, whatever may be thought of the wisdom of that Providence who so ordered it, were the occupants and owners of the country. They had enjoyed it from im memorial time. Our ancestors, indeed, had a right to land on this continent, and to occupy as much vacant soil as was ne cessary for their accommodation; but neither they, nor any other men, had a right to drive the aboriginals from their possessions. This right of accommodat ing themselves, by occupying vacant land ill a wilderness, must be so exercised as not to interfere with' the rights of others. It is foundofi upon, a presumption, that the Deity intended the soil for cultivation; but the Deity also created the Indian to enjoy the soil after his manner; and un necessarily to deprive him of his limited enjoyment^ would not only be unjust, but cruel. Such are the great and immuta ble principles of morality and natural ju risprudence. If, then, we could^ not, when unshack led by treaties, expel these people from their possessions; surely we cannot now, after defining their boundaries, acknowl edging and guarantying their right to this land encouraging them to quit their vagrant habits for those of cultivators, and when we have land in abundance without inter fering with them. Should we not by such an act of cold blooded, deliberate, unne cessary perfidy, justly incur tlie scorn and indignation of mankind I This question is not answered by a reference to the arti cles of agreement between the United with rngard to the Indians, took up armft^/States Georgia, The United States ders should be punished; and in order to “ lead them to a greater degree of cimliza tion, and to become herdsmen and cultiva- Ithe act entitled* ^ msnhtheht Sobf AD of Toly, tB $ s. mankind, as we regard thti approval of/ its; settled the manUM in which offen- jour consciences, examine well the rela-r - t - . - u i . - - u _ j . Wns between the white inha|bitants of the [J. S. and the surviving ab(|)riginals, be- i/ore any irrevocable step be: taken to re- piove the Creeks from the lands w^fiich by now occupy. [ . . .Scarcely two centuries hjaye elapsed, since the Europeans landed upon the Atoeijcan continent. They then found ;th»,cduntry Aovered by the. jaative tribes ; of tile new. world. The resources the country were hot so fully developed, as civilized men had applied tHeir faculties and ants to that end. Agriculture, com merce and manufactures, didj not flourish, under the control q f c«)[lizatioh.T- This, however, did not give (to Europe ^ rightto depopulate Amerjcaj To vacant : territory, the white comer had as good a. ■iXi^t as the tawny native; l|it to oecupi- 'ed territory, to lajid appropriated to the PhTOoses df planting and hunting the In- ojan had a right, Which vyas as valid as ' that of an Enghsh noblepilRilto hb exten- ' ^sive manor and vacant pajrk.| The histo- ^ ry <1; f the earijCcolonial ftettleraents, shows; pna right to have been, generally respect- Jfedjj 'and purebashs were made frorp.the [/^ti ve chieftafns % J^e hrgie tracts of landj^ir V^ich a valuSthlef «o%iideration was given. Njotwithstandi*' against the whites,' and were severely chastised by the army under General Jackson. In 1814, articles of agreement were concluded with the whole nation, including the hostile party, by which jeace was restored, a certain portion of Indian territory ceded, and in the se cond article the United Stales guaranty the integrity of the Creek territory not ceded in' the first article, g This treaty, or agreem e n t, the Creeks considered as definitive, and as settling the boundaries within which they vveie to reside as a civilized people, according to the promises of our government. In con- lormity with that sentiment, shortly after that treaty, they passed laws constituting it a capital crime to propose any further alienation of Uieir laud- Under these circumstances. Governor Tioup became governor of Georgia; and upon his instalment in the executive chair, lie commenced a crusade against the gen eral government, for the purpose of driv ing it into hostility with the Indians. The indecorous temper and style of his note to the late President of the United States and Secretary of War, would be passed by as unworthy of observation, did they not evince the character of the person at the head of that unfortunate state. They proved him to be entirely regardless of public opinion and public faith, and show a necessity of energetic measures on the part of the constitutidnal authorities, to preserve the quiet and character of the country. These steps, at that time, failed to pro duce the expected effect. The national authorities were neither to be bullied, nor driven into measures derogatory tq the country, and the Creeks resolutely refos- ed to part with another acre of land.— They said that they had sold all they could spare, and that they only reserved what was sufficient for their comfort and subsistence. In this state of things, as the executive of Georgia threatened to drive the Indians from their possessions by force, it became necessary to take into consideration the respective rights and obligations of the only had the right to purchase the Indian title, when they were willing to sell it, and this was ail they couldjitransfer to Georgia. On the other hanfethis right was encumbered with an oragation to respect and guaranty that title. The In dians had a right, by treaty, to our protec tion and guaranty, and to our assistance in the great work ofeivUizing themselves. They also had a right of property, by the law of nature, to the soil, modified, in deed, by our right to occupy such portions as they did not need ; but as to what was necessary for them, their right was abso- row it by making it temporary, might at any time, even before these treaties, have been changed by the civilization of the Indians into a complete right of property. These people are said to have only this right, instead of the right of property which other nations have to the soil; be cause they were wandering tribes, and did not occupy it as a settled and station ary people. They bestowed no labor up on it, and when they left their hunting grounds, it was with no determinate in tention of returning. In such a situation their claim to the soil was liable to be af fected by the claim, which civilized na tions might set up to land that they did not use. But if the aboriginals had commenced the work of civiUzation; If they had bifilt villages for their permanent residence, and planted fields, and, in fact, shown their desire and capability tp become a civilized and stationary people; their right to the land which they occupied, would be an absolute right, not liable to be defeated by any claim of civilized man, founded upon their original vagrant hab its. Civilized Indians have the same right to appropriate vacant lands, that ci vilized Europeans have. Biit when this right is strengthened by immemorial oc cupancy, and acknowledged and guaran teed by this nation, it becomes a title, a- gainst which it would be an insult to our reason to urge the doubtful claim of ci vilized man. Such was the condition of the Creek tribes, when Governor Troup sought to drive the government of the United States into a hostile attitude to wards them. Their title was perfected by civilization. Their habits were those of agriculturalists and herdsmen, and the mechanical arts began to appear in their towns. The general government, in com pliance with Its agreement with Georgia, endeavored to persuade the Indians to cede their land, or a portion of it, and ap propriations were made to effect that ob ject. The Creeks, by their acknowledg ed representatives, declared their deter mination not to sell another acre, i At the conference in November last, with Colonels Campbell and Meriwether, the Creek chieftains declare, thatin conform ity with our recommendations, they haf undertaken to cultivate the soil and tu breed cattle ; that they had no more land than was sufficient for their purpose; and that, upon no consideration, would they part with another acre. These Georgian Commissioners, acting no doubt, with the advice and knowledge of the Gov. then proceeded to Washing ton, where they arrived in December, and represented the inclination of the Creeks to sell so favorably, as to procure a furth er appropriation for that purpose, careful ly suppressing their declared resolution not to part with another acre. This wa.s ■he t commencement of a system of fraud and misrepres4ntation, highly discredita- to all .concerned in it. Gen. Wm. McIntosh, a kpown and steady friend of Georgia, was inclined to yield to the wish es of the state government. He was the head chief of the Cowetan tribe ; and the state authorities, together with the com missioners, determined to use him and his partizans as tools to defraud the na tion of its territory. We are sensible of the gravity and importance of this cliarge. and that it deeply affects the character of the state: but we make it upon evidence lute, and not to be affected by any claim I which, we think, conclusively establishes tors instead of remaining in the state of Creeks, the United States, and the state hunters,” c the United States agreed to furnish, “ gratuitously, the Creeks, from time to time, with useftil domestic ani mals and implements of husbandry.”— This treaty bears date Aug. 7th, 1790. Thus it appears that the United States at that time offered inducements to the Creeks to become cultivators of the soil and to appropriate it for the purpose civilized life, instead o f using it as mere hunting ground- If they yielded to these inducements, the public faith is pledged to sustain them in that course.—Our go vernpient is bound, our national character plighted, to encourage them in the wise tesoTution they- have taken, to become civilized men, and to preserve the rem nant o f their tribe under the protection of this republic This pledge has been accepted, and on our part it only remains to fulfil it. In 1796 another treaty waA concluded be tween the United States and the. Creeks, and they bargained for blacksmiths anc a. Vide 1 vol. U. S. Laws, B. & D. ed p. 3 0 4 ,^,. ----- b. Ib. 324. ------- -c. Ib. 363. g. Ib. 480. of Georgia. The Creeks, on their part, had bound themselves not to sell their land, except to the United States, and they had ac knowledged themselves to be under the protection of our government. The Uni ted States had encouraged them to com mence the work of civilization, and to re linquish their vagrant habits\; and the Greeks, in conformity with that benevo lent policy, had begun to put on the char\ acter o f a. civilized people Again,, the United States asserted a right to ‘prevent any European power from purchasing the Indian title. This right was respected by the European pow ers ; it was sanctioned by their practice, and the Creeks hAd confirmed it by the treaty of New-Yock. But this was only a contingent right o f property, depending upon the consent o f the Indians. It was merely a right to the ultimate dominion of ------------------------------------ -------------------------------- — - ------------------------ -- --------------------------- — d. Vide Repoft by Mr. Calhoun in. Con gress, 1824.—-— !^ Vide I. vol. U. S. aws B. & D. ed.^^ 701. - —f < of civilized man. This right has been so far changed by treaty as to become an ab solute right, to what is within their pre scribed lunits, subject only to this condi tion, that if they conclude to part with their land, it shall be sold to the United States. Until they do that, they may use it as hunters or agriculturalists. They may divide it among themselves, and be come a civilized people; and this gov ernment was bound, before the agreement with Georgia, and is now bound, to aid them in effecting this desirable object. Georgia, therefore, could not acquire any right by its agreement with the U. S. except a right thus limited ; and she took it, subject to all its accompanying obliga tions. We should not have been thus minute in enforcing principles, which we had im agined to be axioms in moials and juris prudence, had not the doctrines, advanc ed by the Governor and congressional delegation of Georgia, been directly op posite to these plain, and what we must still consider, demonstrable principles.— The authorities of that state contend, that upon the execution of the agreement of 1822, the fee simple of the Indian lands was vested in the Atate of Georgia, and that the aboriginal^ after that time, only occupied the soil by the sufferance and at the mercy of the l/nited States. This position we have shown to be in defensible. The fee sim p le of the Indian lands was not affected by the agreement of 1802. The Creeks were not parties to that treaty. Hence, if the fee simple be longed to them, it was not transferred ; and as the United States owned it, they transferred it, subject to the Indian title, and encumbered with all the obligations they had assumed. But, in truth, the United States had no fee, and transferred none. They agreed to extinguish the Indian title, witliin the state of Georgia, “ when it coult be peaceably obtained upon reasonable terras.” By this cautious limitation of the agreement, the United States mani fested their respect for the aboriginal ti tle, and for the obligations imposed by former treaties; and Georgia only acquir ed a right to the land when that title was extinguished, with the consent of the In dians, the government of the state well knowing, at the time of making the a- greemeut, that the United . States were bound to civilize the Indians, and to at tach them to the soil as farmers and as herdsmen, and that as a necessary conse* quendl,i a portion of their land would he ^waye retained by them. The right of occhpiincy. to which Georgia would res trict the Creek titlei and still further nar- it, anJ with the hope that, by the prompt and energetic interference of the national authorities, the national character may be preserved untainted, and justice ad ministered to the aboriginals. In order to completely secure the influ ence of McIntosh, he was appointed a- gent for the lands which were to betians- ferred; and by a separate or additional article to this treaty, it was stipulated to give §25,000 for a piece of land belonging to him, called the Indian Spring Reserva tion A:—a’price, which, to say the least was very liberal. A summons was then' issued to the Creeks, calling a meeting NO. 13. 50, and then to negotiate and \sign the treaty. This treaty, however, bears none of those marks of authenticity. It is con cluded at a distance from the nation, up on a short notice, and with a chieftain, who is secured a personal compensation o f §25,000 by the treaty, and who is, besides made the agent for the lands transferred. The very remarkable expressions of the agents in their letter to Gov. Troup, in forming him of the conclusion of the trea ty, are sufficient to excite the strongest doubts of the firmness of their conduct. We are happy to inform you (they say) that we have just concluded a treaty with what we call tfie nation.” Prom the ex pressions of the Georgians, in the corres pondence with the general government, we are warranted in conefudingj that they did not require much evidence of the authority of those with whom they were negotiating, after they had discovered their willingness to cede their lands. In negotiating, they are the nation who are disposed to accede to the wishes of Geor gia ; but if the arms of the United States which Heaven forbid ! should be directed against the Creeks, then another set of Indians will appear, who will be the na tion, so long as it is to be an object of vengeance. That this party, by whom the treaty has been sanctioned, forms but a small part of the nation, appears from a message of Gov. Troup himselfto the legislature, urg ing the importance of taking measures to protect those Creeks, whom his ungov ernable tem p e r and m isconduct has plac 'd uponmifriendly terms with their coun- rrymen. We are informed by that docu m ent, th a t th e hostile C reeks have 4,000 w a rriors, while the f r i e n d l y party, w h ich undertake to act for the nation, does not exceed 500. This is not the only mark of fraud in this transaction. It is asserted, that a letter of McIntosh to the principal chieft contains the following passage : “ If yon feel disposed to sell your lands, I will make the commissioners give you (the chiefs) §2000 each, and nobody shall know it.” Is it credible that McIntosh would have made this attempt to bribe the representatives of his country, with out the knowledge and approbation of the commissioners I Do not the confident and familiar terras of the , letter, not only im ply thcir knowledge of his offer, but also .Vl'Intosh's familiarity with their manner )f negotiating? Is not this conclusion rendered irr.esistible, by an inspection of the treaty itself.*’ By the second article, it is agreed, that the United States shall jay to the Creeks § 100,000, of which ■§200,000 are to be paid immediately; and by a subsequent article it is stipulated, at the particular requ ^ of the parties of the second part, (viz/McIntosh and his partisans) thstt .tit&aCYment and disburse ment of the §2uUd}0u shall be made by' the commissioners negotiating this treaty.” Why is not this sum distributed in the us^ ual manner, in ivhich moneys, payable by the United States, are distributed? Why was it necessary to stipulate, that those” identical commissioners should distribute this first and largest enstalment ? Is it because these Creeks consented to ;is- - ume characters not belonging to them, for the purposes of fraud, and that they sought to obtain the wages of corruption from those by whom they had been cor rupted? The commissioners were to dis tribute this money, because they knew which of the nation was best entitled to receive it, i. e. which had been most sub servient to the wishes of Georgia, and had been most instrumental in making this fraudulent treaty. In plain truth, this §200,000 was to be distributed only among the McIntosh party; and this par tial distribqtion, or bribery of a portion of the Creeks, at the expense of the nation, is openly and unblushingly defended by Gov. Troup, in his message of the 3d of June, 1825. In order, however, to prevent any ex amination of these disgraceful transac tions by tjhe national government, this these very springs. McIntosh not daring! [treaty was Sent to Washington with the t.^ tri.ct iiimooir In iho miflat nfibo nniim/rgreatest despatch, & on thenineteenth day after it had' been concluded in the west ern wilderness of Georgia, it was laid be fore the senate of the U. States at Wash ington, the very last day of its session. The treaty was concluded on the 12th of February last, and was transmitted to Mr. Calhoun, and by him handed to thq then President, on the 2d of March, with lis advice, of course, for its ratification, as it was fair upon its face, and accom- to trust himself in the midst of the nation; as he knew himself to be answerable to the law, making it a capita! offence to propose a further alienation of lands.— This law was proposed at Broken Arrow, shortly after Jackson’s treaty in 1814, by McIntosh himself, and formally re-enact ed at a meeting of the Creeks at Polecat Spring in 1824, in order to put a stop to the negociations concerning their lands. As the Indian Springs were at a distance from the majority of the tribes, and as the notice to attend was given but a ferw days before the time of meeting, only a few of the chieftains met the commissioners, and of these, only two signed the treaty —one of whom, it is asserted by one of the United'States agents, is not a head chief, or representative, of any Indian town. The other chiefs, 4 in number, upon being informed that the object of the meeting was to purchase their land, refused to give their consent, and left the council. The negotiation, however, was contin ued by the commissioners, with McIntosh and his party, and a treaty was concluded, by which aU the Creek lands in the state -of Georgia were ceded to the United States, k This treaty was signed by M’ Intosh and one other chief, the other In dian signers not being chiefs nor represen tatives of towns, and havingno legal right to sign the treaty on behalf of the Creeks, which they did at the instigation of Mc Intosh. It is a strong argument against its validity, that, with the exception o! McIntosh and Etomme Tustuhnuggee, none <of the chieftains, with Whom the Creek treaties have been usuall-y conclud ed, appear to have signed or sanctioned this treaty, So vitally importahi to their welfare. The custom of that nktion has been to form a codncil of the representa tive chieftains, amounting to about 40 or i. Vide t h « correspondence with the Secretary opW ar, 1824. ----- .Vide jencer, Marqh 11, 1825; dished an object which the United States 'elt desirous of effecting, when it could be properly done. The next day, having been approved of by the President, it was sent to the Senate, and thus committed to that body before the inauguration of Vlr. Adams, who received it after his ac cession to the^esidency from the senate for his signature, that body having ratifi ed it. It thus appears, that the managers of this business transmitted the treaty from the western part of Georgia with such despatch, as to prevent those Indians, who might be opposed to the sale of the ands, from being heard at Washington before its ratification. It is moreover asserted by Mr. Compere, the present missionary ip the Creek nation, that the Creeks confiding in the benevolence and justice of our government, were persuad ed that the government would not re gard this as a treaty, because it was not made with the consent of the nation. If this be the case, and there is aorea\ son to dqubt it, a fraud has been practised upon thp Indians, which it concerns the character o f the country t6 disclaim. The ejyes of Europe are open u s; and after allj our lofty pretehtiQh&tqjhupafinity, benevolpncq and Justice, it is not surpri sing, that they shoifid particularly regptd the mapner in which we dispose of tHh ahorigipals* To Congress, thereforej it belong to examine info the ,maimep in which this treaty was cQncl«dec[» hp#“tq decidd the qu^iiop as to Its ultimate exei cution, ' I ' ■ I J'ii 'j- '4\'- 4 m •4 li \ h 4 i 4 % i I ^ ■* 1 r . J’ . I w t-.v-’k 4 ■ k - i M 'I - . v'V--
