given rise to several incidents of a painful nature,* the character of which will be fully disclosed by the documents which will be hereafter communicated.

These transactions indicate the necessity of great address on the part of Mr. Forsyth to manage the court of Spain. His official correspondence, embracing a period of four years of negotiation more or less intricate, forms a luminous chapter in the archives of the State Department, and in the large quarto volumes of diplomatic history published by order of Congress. He was truly a courtier of finished mould. His person, temper, qualifications, all fitted him for the place, and faithfully did he act his part. All questions of controversy being adjusted with Spain, Mr. Forsyth returned home to enjoy the gratifying compliment paid him by the people of Georgia in electing him to Congress during his absence abroad. He again took his seat in the House of Representatives at the session of 1823, where he remained until he resigned in 1827.

The treaty concluded at the Indian Springs, on the 12th day of February, 1825, by which the Creek Nation ceded their rights of occupancy west of Flint River, gave rise to the celebrated contest between the President of the United States and the Executive of Georgia, in regard to the immediate survey and distribution of the lands acquired under the treaty. To carry into effect his measures, Gov. Troup convened the Legislature in May, 1825. In his message he pays the following tribute to Mr. Forsyth and his colleagues:

The delegation in Congress, always faithful to their trust, have seconded by active and incessant labor the measures taken by this Government to support not only this important right, but all other rights and interests of the State; and, in the delicate and critical relations which these involved, have so deported themselves as to command the confidence of ourselves and the respect of all who know them.

Among the documents accompanying the Governor's message of May 23, 1825, were the following:

GEORGETOWN, March 24, 1825. SIR-I have the honor to enclose to you the copy of a letter written to the Secretary of War since the adjournment of Congress on the subject

* Allusion is here doubtless made to the energetic measures adopted by General Jackson, the first Governor of Florida after its cession to the United States. He demanded of the Spanish Governor all the public archives and records which related to land-titles in the province. On his refusal to give them up, General Jackson had him committed to prison, where he remained until the documents were forthcoming.

VOL. II.-2

of the execution of the recent treaty with the Creek Indians, and the formation of a treaty with the Cherokees for the complete fulfilment of the obligations of the United States to the State of Georgia under the compact of 1802, and his answer, and several papers marked A, B, and C, received with it. As I hope to have soon a personal conference with you on this subject, I forbear to make any remarks upon the correspondence enclosed. I am, with perfect respect, your obedient servant,

His Excellency G. M. TROUP.

JOHN FORSYTH.

MR. FORSYTH TO THE SECRETARY OF WAR.

GEORGETOWN, March 9, 1825.

SIR-By the request of Governor Troup, I had the honor this morning to ask the attention of the President to the claims of the State of Georgia upon the United States under the compact of 1802. The President desired that I should address myself to you, that the suggestions made on the part of the State might be fully considered. Complying with this desire, I invite your attention, first, to the execution of the treaty lately concluded at the Indian Springs, and, secondly, to the formation of a new treaty with the Cherokees.

By the 8th article of the treaty of the Indian Springs, the Creeks must remove from the land occupied by them prior to the first of September, 1826. To cover the first payments due under this treaty, and to provide a fund for the purchase of a permanent residence for the Creeks beyond the Mississippi, a contingent appropriation of $250,000 has been made by Congress. The interest and convenience of Georgia will be best consulted by an immediate removal of the Indians, and no doubt is entertained that the necessary measures will be immediately taken for that purpose. The conduct of the Creek Agent, who has spared no pains to prevent the formation and ratification of the treaty, justifies an apprehension that he will not fail to obstruct as far as in his power the accomplishment of the wishes of the State. Under this conviction, a request that the conduct of the Agent may be watched, and that no confidence shall be reposed in him that can be consistently withheld, is dictated by the interests of Georgia, the wishes of the Creek tribe, and the honor of the General Government. While anxious that no artifices shall be used to prevent an early removal of the Indians, I pray you to be assured that we have no desire that the Creeks should suffer for our accommodation. We shall complain of no delays that are necessary for their comfort on their journey, and to their permanent security and prosperity in their new homes.

As to the formation of a treaty with the Cherokees, the present moment appears to be peculiarly favorable for a complete performance of the obligations of the compact of 1802. Nothing remains to the accomplishment of these objects but to induce the Cherokees to remove from the lands occupied by them within the limits of Georgia. A number of the Cherokee chiefs, the most influential in the nation, are in Washington. The recent determination of the Creeks to go to the West, in spite of the persuasions and artifices of the Cherokees, must have satisfied the latter that the United States will sooner or later insist upon the surrender of the lands in Georgia to that State. Once convinced that their title to the land must be extinguished, it will be easy to satisfy them that their own interest will be most effectually consulted by an immediate arrangement.

The records of the War Department show that many of the Cherokees, since 1819, have continued to express a desire to go beyond the Mississippi, and have complained of the injustice of their chiefs who deprived them, by the treaty of that year, of the privilege of selling their lands for that purpose. In 1821, the Path-killer applied through Gen. Jackson to Government to purchase his claims. My own opinion is that the President may, without injustice to the Indians, without violating either principle or usage, cause a purchase to be made of the Cherokees residing in Georgia of the lands lying in Georgia. Without attempting to demonstrate the soundness of this opinion, I suggest, with great deference, that if the Cherokees are found now unwilling to treat, their unwillingness would be promptly overcome if they were informed that the President would, if the whole tribe could not be induced to treat, take into serious consideration the proposals made by the Path-killer, and any other proposals which may be hereafter made by all or any portion of the Cherokees in Georgia, for the sale of the lands they may occupy lying within the limits of that State.

With the hope that a new effort with the Cherokees will have as fortunate a termination as the recent effort with the Creeks, I have the honor to be,

Sir, with great respect, your obedient servant,

Hon. JAMES Barbour,

JOHN FORSYTH.

Secretary of War.

MR. BARBOUR TO MR. FORSYTH.

DEPARTMENT OF WAR, March 23, 1825. SIR-I have the honor to acknowledge the receipt of your letter of the 9th inst., conveying the information that you had, by the request of Gov. Troup, asked the attention of the President to the claims of the State of Georgia upon the United States under the compact of 1802, and the desire of the President that you should address yourself to me, that the suggestions made on the part of the State might be duly considered; also, and in compliance with this desire, inviting my attention, first, to the execution of the treaty concluded with the Creeks at the Indian Springs, and, secondly, to the formation of a new treaty with the Cherokees.

The treaty of the Indian Springs, having been ratified, will be carried into effect, measures having been already taken in conformity to its provisions.

Upon the second subject referred to in yours, I have the honor to state in reply that the President, as well from inclination as a sense of duty, is disposed to carry into effect the conditions of the compact with Georgia whenever that can be done consistently with its provisions. In this spirit, and in conformity to your suggestion, a letter was addressed from the Department to the delegation of the Cherokees in this place, a copy of which, marked A, is herewith enclosed; also a copy of their answer, marked B, to which is added a copy of a communication marked C, addressed by the Cherokee chiefs to the President. You will readily perceive from this correspondence the determined opposition of the Cherokees at this time to the cession of their lands.

I am directed by the President to state that he entirely accords in the policy recommended by Mr. Monroe to Congress at their last session on

the subject of the general removal of the Indians to the west of the Mississippi, a policy believed to be alike advantageous to the citizens of the United States in their neighborhood and the Indians themselves. This object, as far as lies within the sphere of his power, will be promoted, and, on every suitable occasion, its beneficent effects will be particularly inculcated on the Cherokee Nation. obedient servant,

I have the honor to be, very respectfully, your

Hon. JOHN FORSYTH.

JAMES BARBOUR.

(A.)-MR. MCKENNEY TO THE CHEROKEE CHIEFS.

DEPARTMENT Of War, OfficE OF INDIAN AFFAIRS, March 12, 1825. To John Ross, George Lowrey, and Elijah Hicks, Cherokee Delegation. FRIENDS AND BROTHERS :-I am directed by the Secretary of War to inquire if you have authority to negotiate with the Government for a sale of your lands, and especially for that portion of them lying within the limits of Georgia.

I am, respectfully, your friend and brother,

THOMAS L. MCKENNEY.

(B.)-EXTRACT FROM THE REPLY OF THE CHEROKEE DELEGATION.

WASHINGTON, March 14, 1825.

Yours of the 12th inst. is received. You state that you are directed by the Secretary of War to inquire if we have authority to negotiate with the Government for a sale of our lands, and especially for that portion of them lying within the limits of Georgia. It would seem from the inquiry that the Secretary of War is impressed with the belief that our nation may be disposed to make a cession of our lands, and that we as its representatives may have been instructed accordingly. In order that the Secretary of War may have full information of the true sentiments and disposition of our nation, we would refer him to the communication which we had the honor to address to the Hon. John C. Calhoun on the 11th February, 1824, in reply to certain propositions made by the President, through him, to us for our lands. We have full authority for saying that those sentiments remain the same, and are unchangeable.

(C.) TO HIS EXCELLENCY JOHN Q. ADAMS, PRESIDENT OF THE

UNITED STATES.

RESPECTED SIR:-Be pleased to accept our congratulation for the great trust confided to your care as President of the United States. The various tribes of Indians emphatically call the President father, and to him they, as children, look for protection and preservation. Therefore we consider it a duty as well as a privilege to address you.

A retrospective view of the history and true causes in the downfall, degradation, and extinction of certain tribes exhibits a solemn and imposing lesson, which may be profitable in administering justice to those few who at this day breathe the vital air on the land of their fathers. The crisis seems to be at hand which must forever seal their doom. Civilization and preservation, or dispersion and extinction, awaits them, and this Government is the tribunal which must pass the sentence.

We therefore solicit your attention to a few remarks which we believe it to be our implicit duty to make in relation to the Cherokee people whom we represent. The arts of civilized life have been successfully introduced among them: they consider themselves permanently settled, and no inducement can ever prompt them to abandon their habitations for a distant, wild, and strange clime. They are well aware of the earnest solicitude of the State of Georgia for their removal, and also are apprized of the desire of the Government to gratify the wishes of Georgia, if their consent could be obtained. And, whilst the Cherokees are ever ready to comply with the views and wishes of the Government, they cannot consent to yield another foot of land. Unceasing exertions have from time to time been used to purchase from the Cherokees their lands in Georgia; but we have never as yet witnessed a single attempt made on the part of the Government to bring the compact of 1802 with Georgia to a close by compromise, or in any manner other than by trying to purchase our lands. For the peace and tranquillity of our nation do we sincerely hope that measures may be adopted by the United States and the State of Georgia, so as to close their compact without teasing the Cherokees any more for the lands. The Cherokees have repeatedly declared their sentiments respecting their lands to the Government: those sentiments have been matured in soberness and expressed in sincerity.

The idea of concentrating the various tribes of Indians for the object of civilizing and preserving them west of the Mississippi is a subject of great magnitude, and may perhaps contribute to better the condition of those tribes who have been removed from their lands and are now wandering over the wild and extended plains of the West. But if Indian civilization and preservation is sincerely desired, and is considered worthy the serious attention of the United States, never urge the removal of those tribes who are now successfully embracing the habits of civilized man within their own limits. A removal of the Cherokees can never be effected with their consent; consequently, if removed at all, it must be effected by such means as would engender irreconcilable prejudices, and their dispersion and ultimate extinction would inevitably follow. The Cherokees if permitted to remain peaceably and quietly in the enjoyment of their rights, the day would arrive when a distinction between their race and the American family would be imperceptible: to such a change the nation can have no objection. Complexion is a subject not worthy consideration in the effectuation of this great object. For the sake of civilization and preservation of existence, we would willingly see the habits and customs of the aboriginal man extinguished. The sooner this takes place, the great stumbling-block of prejudice will be removed.

May the power of Heaven direct your steps for the good of all under your administration, is the sincere prayer of,

Sir, your unworthy but most obedient servants,

WASHINGTON CITY, March 12, 1825.

JOHN ROSS,

GEO. LOWREY,

ELIJAH HICKS.

GOV. TROUP TO MR. FORSYTH.

EXECUTIVE Department, Georgia, MilledgevilLE, April 6, 1825. SIR-Your letter of the 24th ult., covering a correspondence between yourself and the Secretary of War, and other papers connected with the