398 NILES' REGISTER-AUGUST 20, 1925-AFFAIRS OF THE CREEKS. me regret the course pursued by me in respect to the States. your own agent, to suit his own purposes, had fabri cated it to deceive and mislead you-nevertheless, In tendering to your excellency my acknowledg- survey, as if you had predetermined from the beginments for the "prepossessions" in my favor, of which ning, that under no circumstances should we proceed you continue to issue order after order forbidding the you speak, and which you say would have given you to the survey, without your express permission first "pleasure to cherish in behalf of an officer who had had and obtained. Nay, more you repeat this order rendered signal services to his country," permit me to gen. Gaines, who is charged to promulgate it to the to observe that the approbation of my countrymen is hostile Indians: so that, whether there be any thing more dear to me than any earthly treasure they could obnoxious in the survey or not, they may seize it as a bestow, save that of an assured devotion to the re- pretence under the authority, and with the support public-if, indeed, it be in my power to win that of the United States, to scalp and tomahawk our peoapprobation by a faithful discharge of my duty, as a ple as soon as we shall attempt that survey; and that in public officer and as an honest man, I have long en-fact, you adopt for the Indians gratuitously, an imadeavored thus to win it; my best efforts are constant-ginary wrong done to them; persuade them, even ly exerted to ascertain the direct and proper course of duty, prescribed by law, and justice and honor, and to pursue that course without any regard to consequences. I have seen, of late, with regret, that it is scarcely possible for an officer of the general government to differ from you in opinion, without incurring your uncourteous animadversion, or your acrimonious censure-neither of which shall ever induce me to forget what is due to the venerated station which you fill, and the relation in which you stand to the general government, in whose service I have the honor to be placed. Wishing you health and respect, I have the honor To his excellency George M. Troup, Governor of Georgia. against their will, that it is a real one, and then leave them to indulge in unbridled fury the most tempestuous passions; and this, I presume, is the meaning, in part, of the responsibilities which we are to incur, if we disregard the mandate of the government of the United States. the secretary of war, make known to the president, that the legislature having, in concurrence with the expressed opinion of the executive, come to the alYou will therefore, in the absence of most unanimous conclusion, that by the treaty, the jurisdiction, together with the soil, passed to Georgia; to cause the line to be run and the survey to be made; and in consequence thereof, authorised the governor that the survey will be made, and in due time, and of it becomes me in candor to state to the president, which maj. gen. Gaines has already had sufficient notice. Whilst in the execution of the decrees of SIR-Your letter of the 3d inst. to the secretary of magnanimity on our part, we may reasonably claim Department of war, June 15th. 1825. our own constituted authorities, the government of war has been received, and submitted to the presi- the observance, in like degree, of these noble qualithe United States will find nothing but frankness and dent of the United States, who directs me, in the ab-ties on theirs. When therefore certain responsibilisence of the secretary of war, to say in reply, that ties are spoken of in the communication of the preif the government of Georgia should undertake the sident, we can rightfully enquire what responsiproject of surveying the lands ceded to the United |bilities? Georgia, in the maintenance of her undoubtStates by the Creek nation of Indians at the treaty of ed rights, fears no responsibilities. Yet it is well for the Indian Springs, before the expiration of the time Georgia to know them so far as they are menaced specified by the 9th article of the treaty, for the re-by the United States. If it is intended that the moval of the Indians, it will be wholly upon its own government of the United States will interpose its responsibility-and that the government of the Unit-power to prevent the survey, the government of ed States will not, in any manner, be responsible for Georgia cannot have too early or too distinct notice. any consequences which may result from that mea-For how highly dishonorable would it be for the sure. I have the honor to be, your obedient servant, Ilis excellency George M. Troup, Governor of Georgia. stronger party to avail itself of that power to surprise the weaker. If the government only mean that, omitting its constitutional duty, it will not pacify the Indians and make safe the frontier, whilst the officers of Georgia are in peaceful fulfilment of their instrucEXECUTIVE DEPARTMENT, GEO. tions connected with the survey, it is important to SIR-I received this morning the note, which in but if the government of the United States mean Milledgeville, 25th June, 1825. the government of Georgia to know it; that dependthe absence of the secretary of war, the president of what is not even yet to be believed, that assuming, like ing on itself for safety, it shall not depend in vainthe United States directed you to address to me, and in their agent, upon another not dissimilar occasion, an which I am informed that "the project of surveying attitude of neutrality, feigned and insincere, it will, the lands ceded to the United States by the Creek like that agent, harrow up the Indians to the commisnation of Indians at the treaty of the Indian Springs,sion of hostile and bloody deeds, then, indeed, the gobefore the expiration of the time specified by the 8th vernment of Georgia should also know it, that it may article of the treaty for the removal of the Indians, guard and fence itself against the perfidy and treachewill be wholly upon its, (the government of Geor-ry of false friends. In either event, however, the gia's), responsibility; and that the government, (viz. president of the United States may rest content that the government of the United States), will not in any the government of Georgia cares for no responsibilimanner be responsible for any consequences which tics in the exercise of its right, and the execution of may result from that measure"-A very friendly ad- its trust, but those which belong to conscience and toy monition truly so that whilst you referred your resis-God, which thanks to him, is equally our God as the tance of the survey to the evils already produced by God of the United States. the mere effort, on the part of this government, to obtin permission to make the survey, and when the fact of that cause, producing those effects is disprove, and it is made known to you that nobody here, either whites or Indians, ever conceived such a thing as possible, before you had assumed it upon the re-shew the right of the governor of Georgia to enter presentation of the agent as undoubtedly true, and that upon and survey the Creek lands. Very respectfully, your obedient servant, The following are the papers published to Gov. Troup to gen. McIntosh. EXECUTIVE DEPARTMENT, Gov. Troup to Gen. McIntosh. DEAR GENERAL: You will have seen by my pro- DEAR GENERAL: According to your wish, as comclamation of the 21st inst. that I have resolved, inmunicated by my express, I send another to-morrow fulfilment of the stipulations of the treaty, to main- morning, to know the result of the deliberations of tain, inviolate, all your rights, reserved by it, so the council upon the proposition, submitted in my that you suffer no detriment or loss by the trespasses last letter, and, also, to inform you that the money or intrusions of the whites, as long as you continue to which was asked to be advanced by me to enable you, Occupy the country. without delay, to explore the country west of the Mississippi, will be ready for you, whenever you send an agent authorized to receive it. It is important that the territory, acquired by the late treaty, should be organized as speedily as possible, consistently with the provisions of that instrument, and not doubting that your assent will be given to the survey of it before your removal, I have despatched a messenger unto you, that your resolution may be communicated to me without delay. It is not presumed that the least inconvenience can result to you from this measure. Besides my own determination to cause the rights of the Indians to be respected in their persons and property at all times, there will be a future and ample security and protection in the selection of the officers who shall be charged with the duty of running the lines, who shall be responsible, not only that no depredations are committed by themselves, but that none shall be committed by others, without their giving prompt notice to the lawful authorities, so that the offenders may be brought to justice. You will understand that there is no intention, on I wish you to hasten the return of my express, or, if you have occasion to detain him, to mention to me in your letter the cause of that detention. Your friend, ment I have labored under. G. M. TROUP. Gen. McIntosh to gov. Troup-extract, dated LOCK-CHAU-TALO-FAU, or Acre Town, April 12th, 1825. "I have been, however, at some loss, in making up my part, to hurry your departure; the period of this my mind, and must confess to you the embarrasswill be left to your considerations of interest and dent of the United States has had agents residing Ever since the presiconvenience under the treaty, but as the survey is a work of time, this time can be saved to us, so that, duty to consult him on all important matters that reamongst us, we have universally considered it our having completed it, nothing will remain but to oc- late to the general government, or to the government cupy and settle the country after you shall have left of any particular state, considering him the legal and it. I wish you, by all means, to give me your final answer by this express, that I may know what mea-dence should pass in relation to our interests apperproper organ through whom all official corresponsures it will become my duty to adopt. G. M. TROUP. Your friend, Gov. Troup to gen. McIntosh-extract, dated EXECUTIVE DEPARTMENT, Geo. Milledgeville, 4th April, 1925. "I wish you to inform me, as early as possible, of your resolution, about the running and survey of the country, as mentioned in my letter by express. taining to the treaties made with our nation and the United States. "Some differences existing between the present agent of the Creek nation and myself, and not having any confidence in his advice, I have determined to act according to the dictates of my best judgment, which results in the determination to agree to the request of your excellency in giving my consent, and in behalf of the nation who signed the treaty, their consent that the land, lately ceded to the United States, "You will have seen, by my proclamation, that I at the Indian Springs, may be run off and surveyed am determined the Indians shall suffer no loss or in-whenever you may, or the general government, think jury from our white people, if I can help it-it is proper to do so. intended to guard them against those people, whom "If the general government of the United States they will themselves consider as trespassers and in-have no objection, and the agent of the Creek nation, truders, and not to prevent white people from going with the party he influences, does not make any obinto the nation with honest intentions to make purland, myself, and the chiefs and Indians, who were in jection or opposition to running and surveying the chase of stock, or property of any kind which you can lawfully dispose of-all such persons will be suffer- favor of the late treaty, do not object-we give our ed to pass and repass without molestation. We will endeavor too, to appoint good and honest men for our surveyors, so that they will do no harm themselves and suffer none to be done to the Indians." Gen. McIntosh to gov. Troup. ACORN BLUFF, 6th April, 1925. Governor Troup. I am, dear sir, yours, with respect, WILLIAM MCINTOSH. consent." Gen. McIntosh to gov. Troup. To gov. Troup: Creek nation, April 12th, 1825. I have taken the liberty of sending to you a memorial of our chiefs to the legislature of your state, and request the favor of you to cause it to be laid before them with such marks of your approbation, as you may, in friendship towards us, think proper to bestow. In giving voluntarily our consent for the survey of the land in the late treaty, we were actuated by motives of friendship purely towards you, and toward your people. No consideration of a mercenary nature could be permitted to enter our breasts, when a favor was asked of us, particularly by your excellen cy and in behalf of your people. We knew the great importance it was to your people to be ready to oce a py the country immediately after our removal from slave trade, as appears by the notes of judge Duval, WM. MCINTOSH. Gov. Troup to gen. McIntosh. DEAR GENERAL: In one of your late letters you say The governor states, that, a few days before the meeting of the legislature, he conversed with the hon. property, and the danger to which it was exposed by J. M. Berrien, senator in the congress of the United the repeated attacks of other states and of the United States from this state, on the subject of our slave States: he said the crisis was an awful one, and that no time was to be lost in taking measures of defence; he had very recently the best opportunity to understand the views of the general government in relation to it; that the doctrines delivered by the attorney general, before the supreme court, were extreme, and of the most alarming character-neither more nor less, than that slavery could not exist, being contrary to the laws of God and nature, &c.; that DEAR SIR: I herewith transmit to you the resolu- exceedingly that the reply had not been allowed him Fayetteville, 14th April, 1825. he was engaged as counsel in one or more of the tions of the friendly Creek Indians, or those who -he said the legislature should take up the subject cases involving this doctrine, and that he regretted where in favor of the treaty. As their determina- seriously. I answered, I was determined, to present tion, with respect to permitting the recently acquired it in the strongest light, &c. &c. Judge Berrien adterritory to be run off or surveyed, is of general im-verted particularly to the great excitement against portance to the citizens of the state of Georgia, I us, produced by these appeals, both to the court and have deemed it advisable to send them by express, as to the auditory. the most speedy and sure mode of conveyance. You will also receive by the bearer, Mr. Wilson, two other letters. Brig. gen. Ware to gov. Troup. With respect, your most obedient servant, His excellency G. M. Troup. Gov. Troup to gen. McIntosh-extruct, dated EXECUTIVE DEPARTMENT, "DEAR GENERAL: Your two letters of the 12th inst. Milledgeville, 16th April, 1825. have just been received, by which it is made known to me that in council you have given your consent to the survey of the lands." Gen. McIntosh to gor. Troup. DEAR SIR: Creek nation, 25th April, 1825. yesterday, dated the 18th inst. and hereby state to I received your excellency's request you, that my only meaning was not to act contrary to stipulations made between our nation and the United States government, and we do hereby, absolutely, freely and fully, give our consent to state of Georgia, to have the boundary belonging to the said state surveyed, at any time the legislature of Georgia may think proper, which was ceded at the late treaty at the Indian Springs-Signed in behalf of the nation and by the consent of the chiefs of the same. I have the honor to be, sir, with great esteem, yours, His excellency Geo. M. Troup. Here is a good place to add, (what was accidentally omitted when it ought to have been inserted), the proofs offered by gov. Troup, to shew that the attorney general, representing the United States, declared that slavery, "being inconsistent with the laws of God and nature, cannot exist," and which all the judges of the supreme court, and other distinguished persons present, affirm was not said by Mr. Wirt at all --he having had reference only to the piratical African G. M. TROUP. EXECUTIVE DEPARTMENT, Be pleased to state, if you were not present at Milledgeville, June 6th, 1825. Washington, during the late session of the supreme court, and if, in a cause or causes, depending there, and involving the question of slavery or no slavery, you did not understand the attorney general to assume ture, &c. and maintain the general doctrine, that slavery could not exist consistently with the laws of God and naG. M. TROUP. Respectfully, Col. Seaborn Jones, Milledgeville. Milledgeville, June 6th, 1925. To his excellency G. M. Troup: of the United States, on the subject of slavery. I S. JONES. PRINTED BY WILLIAM OGDEN NILES, AT THE FRANKLIN PRESS, WATER-STREET, EAST OF SUPTH STREET. THIRD SERIES. No. 26-VOL. IV.] BALTIMORE, AUGUST 27, 1825. [VOL. XXVIII. WHOLE NO. 729 THE TAST-THE PRESENT FOR THE FUTURE. EDITED AND PUBLISHED BY H. NILES, AT $5 PER ANNUM, PAYABLE IN ADVANCE. THE GOVERNOR OF Georgia and tHE CREEKS, &c. forward and supported, was opposed with all that From the great mass of "official papers" with which steadiness and industry which has characterized the the Georgia press yet teems, we have made some se- REGISTER, whenever given up to the examination of lections for the present week that will not fail to any particular subject-yet it never was yielded to arrest the attention of our readers, as shewing the to promote the private views of any man or set of existing state of the controversy, and the determina- men-nor shall it ever be. But, as I said in 1814, tion of the general government in respect to it: and when speaking of the eastern jacobins, "I cannot sit these papers must be regarded as exceedingly import- quietly in the forge of the Cyclops while the thunderant, if the governor of Georgia represents the feelings bolts of destruction are forging against the republic;" and the principles of the people of that state, in his and the ground that was taken against them shall be unjust, uncouth and intemperate correspondence with taken against all others who may act as they did.--the officers and agents of the United States. But we This paper will always "go the whole," as the saying cannot suppose this, any more than we believed that is, "for the country." The declaration is made at the "Boston Rebel," in 1814, (whose anonymous writ- this time, that all interested may perfectly undering, by the bye, were not more exceptionable than stand the editor to be neither neutral or indifferent those of gov. Troup), represented the feelings and as to the doings of the governor of Georgia, except in principles of the yeomanry of Massachusetts. We an impartial selection and record of the official pamust regard the acts of the governor as his own acts, or those of a little "holy alliance," or "enlightening class," which general Gaines so happily speaks of in his letter of the 28th July-of men that are resolved to get and maintain power, and arrive at distinction, at every hazard. The time has come when every friend of the union should speak freely, and "frown" into the contempt that it deserves, as we are advised by WASHINGTON that we should, the desperate proceedings of infuriated men to gather to themselves a dominion for the gratification of their own lusts, though at the expense of a civil war, and the distraction, and, (if possible), destruction of a system of government, which is the pride of the present age and hope of posterity-affording an asylum for the oppressed of all nations. But we have no fears of this-the people looked-down the "jacobins" of 1814, as I then called them, in the east; and a glance of their eye, will settle matters with the little band in the south, resolved "to ruin or to rule the state." In consequence of his late letter to Mr. Troup, gen. Gaines has been directed to "forbear further intercourse with the government of Georgia!" It was found that the general was neither to be cajoled* or frightened, and that he could nib his pen, too, as sharply as gov. Troup-so there was no use in having any thing more to do with him-and the general, no doubt, is greatly mortified thereat! pers that may grow out of them. The administration is right-and must be supported, or the great objects of our political institutions-peace, liberty and safety, under the mild influence of morality and justice, will fail. And shall they fail, because governor Troup and a few of his partizans, have determined to do that which they have no right in reason or lawful power to do?-which there is no necessity to do, except it exists in the furtherance of selfish or mercenary speculating purposes. Perhaps, and, indeed, it is probable, that the subject presents itself under a more serious aspect than it deserves-but no matter should be regarded as unimportant that tends to disturb the harmony of the union, or alienate the affections of the people of one section of the country from those of any other section-ás it appears that some most evidently, and, I might add, most wickedly,* aim at. And such has been the perversity of these, that many, the mass of the population I should suppose, scem almost ready to say, "let them go on and meet the consequences as well as they can!" This would, really, be an awful state of things-and cannot be permitted, if to be prevented. Room is not allowed just now to examine the case at large. The point of difficulty, at present, rests in this-whether or not the governor of Georgia shall enter upon and cause a survey to be made of the Creek lands? He most lustily declares that he will, cost what it may, and even at the risk of its being said But this is the important point-the president of the United States, having exhausted entreaty, has resolved that gov. Troup shall not enter upon and] survey the Creek lands before September, 1826-a Wickedly"-in exciting the feelings of the peoresolution that will be maintained by ninety-nine ple of the south about their slaves, as though those of hundredths of the people of the United States, ex- the "free states" were resolved to interfere to divest cept the "enlightening class", in Georgia, and a few them of what the law regards as property, without kindred political fire-brands, scattered through the their consent, and produce insurrections-a thing not country, who are on the alert to catch at any thing, and less absurd and ridiculous than a charge which I once ready to league themselves with any party, to ob-heard made against Mr. Jefferson, that he had sold the tain food for opposition to the administration, because it happens that the chief of it is not the man that they, their own mighty selves, preferred for that place. It is known to every reader of this paper, that I took no personal part in the presidential contest-that I professed the admiration and esteem that I really felt, and on various accounts, for three of the distinguished citizens, who were before the people as candidates for the most honorable office in the world, and that I never uttered a word disrespectful to the other, though the manner in which he was brought *The attempt of gov. T. to construe the instructions of gen. G. and direct their meaning, is among one of the oddest things that has happened. VOL. XXV III. 26. United States to France, for a certain sum of money, (which was named), and that that was the reason why the price of shingles was so low and that of corn so high!" This happened in the lower part of Delaware, wherein the people were famous for their devotion to king George and a belief in witches. It is possible, that the person who made this charge against Mr. Jefferson really believed all that he said-and, perhaps, charity would require one to suppose thai gov. Troup, willing to conjure some phantom to scare the people of the south, had so worked himself up with the idea, as to believe that he saw an "invisible hand" about to do mighty things! The notion of seeing an invisible hand is quite familiar to the politicians of 1766-1892, &c. We heard of it every day. 402 NILES' REGISTER-AUGUST 27, 1825-NAVAL COURT MARTIAL. unless through another treaty to permit it, by ex punging or modifying the Sth article, quoted above. "Georgia was!"-and the president of the United States says that he shall not, until September, 1826. I will briefly endeavor to shew who is in the right: By the original compact between the United States ence can it make to the people of Georgia, whether and Georgia, in 1802, it was agreed that the former they survey the land now or twelve months hence? And what is all this bustle about? What differ should extinguish the Indian title to all the lands in None that is worth a moment's controversy, unless that state as early as the same could be PEACEABLY ob- it be that a quasi possession is desired, for the reason that tained and on reasonable terms." good faith; and, up to the year 1817, no less than fraud, and without the proper authority on the part of the This has been kept in the treaty is known to have been obtained by bribery and 15,744,000 acres were acquired by the United States, Indians-or that the immediate distribution of tickets for the use of the state of Georgia, at an expenditure in the lottery to dispose of the lands, may serve lo of $7,735,243. No opportunity was ever suffered to mote the success of the governor and his party at the onremain unimproved to extinguish the Indian title, as suing election. I cannot apprehend any other than one stipulated; and the late treaty, until the idea began of these two things which should have created so to prevail that it was a grossly fraudulent one and great an excitement in Georgia: and am unwilling prounauthorized, was gladly accepted by the govern- to admit that one or the other, or both together, are ment and people of the United States, though it very sufficient in reason to violate the faith of the United materially interfered with what had been a favorite States, do away the supreme law of the land, as esscheme of both, from the administration of president tablished by the treaty-making power, or bring about Washington to the present time, for the civilization a civil war!!! So let the governor no longer stand of the aborigines of our country. The treaty last made between the United States, (not Georgia), and the Creeks-inserted in the 66th page of the present volume, contains the following article: Art. 8. Whereas, the said emigrating party cannot prepare for immediate removal, the United States stipulate for their protection, against the encroachments, hostilities and impositions of the whites and of all others; but the period of removal shall not extend beyond the first day of September, in the year eighteen hundred and twenty-six. ments. by his arms." INFORMATION WANTED. rer," by way of offset asks, "who was secretary of Why not ask who was secretary of the treasury? The The "Richmond Enquilast, we apprehend, had just as much to do with the state when the treaty, [with the Creeks], was made?" treaty as the first, for we have thought that the whole business with the Indians was afrays committed to the secretary of war, and suppose that it is still so, seeing that maj. Andrews, acting as a civil officer any other of the secretaries as having issued orders to him, &c. But it may be otherwise-we ask, "just and special agent, never referred to or mentioned for information," not because we believe that either of the secretaries was blameable on account of that treaty. The language of this article is too plain to need any remark. Until the 1st day of September, 1826, the Indians were to be protected against all encroachThe land was to remain for their own use, subject to their own management and laws, for the time stipulated, as though it had not been ceded at all. No right to enter upon it was granted, any more than had previously existed. The sovereignty of the papers that were laid before the court martial on the soil was yielded to the United States, (not Georgia), trial of com. Porter,* and give the grave and solemn NAVAL COURT MARTIAL. We shall publish some of the but the present possession was forbidden; and the ge-charges and specifications preferred against com. neral government stands pledged to prevent encroach- Stewart. These are among the most valuable and ments, hostilities and impositions on the Indians, esteemed officers of the navy, and we would that both while the possession is in them. Admit the treaty to have been lawfully executed on justify a charge against either of them, even of indisthe part of the Indians-what has Georgia to do with cretion-much less of those things "noted down" had escaped the suspicion of an offence that might the land until the United States shall have performed against the last named gentleman; which, if estabits stipulations, and give up the possession to the state? lished, inust seriously affect his character, both as an Nothing-Georgia is no more a party in the treaty officer and a man. than Maine, except as to the ultimate sovereignty sincerely wish, that all these charges may be dissolvof the soil; and was not competent to make a bar-ed into "thin air," when refracted by truth. Com. gain with the chiefs for a survey of the land, without Stewart, though less has been said of him than of We do hope, honestly hope and The consent of the United States, whose right it was some other distinguished officers in the navy, stands to judge and determine whether such survey was an hardly second to any other in any point, (and espe"encroachment," against which the nation had pro- cially as a scientific seaman), deemed essential to a mised to defend the Creeks. Can any state have power high grade in his profession. to construe the treaties of the United States-to give them effect, or impede their operations: A man would be esteemed a lunatic that should gravely pretend to it, after a short examination of the subject; and yet an act was hurried through the legislature of Georgia which assumes, or, at least, sanctions the use of such a power! It is a power that cannot exist. Both parties to the treaty, (that is the United States and the Creeks), could not, (justly), grant the exercise of it, *It was thus that a grand jury at Milledgeville found bills of indictment against certain persons for the murder of McIntosh! They might as well have found like bills against the king of Great Britain for the death of Napoleon. The sovereignty of the soil was not, is not, cannot be Georgia's, until Sept. 1826in any manner whatever. The governor, himself, acknowledges this in his letter to the commissioners see page 413; by referring to the Creek lands, as yet, npt within the jurisdiction" of Georgia. American people-and, from what is stated by Mr find that the papers referred to cannot be got into the number. |