Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-23

States solemnly pledged to protect the
Greek Indians from any entertainment
till their removal in September, 1926.
He therefore decides that the entering
upon and surveying their lands before
that period, would be an infraction Of
the treaty, whose Interpretation and
execution, should fireman uncancelled,
are alike confded to him. lam, there
fore, directed by the President, to state
distinctly to your Excellency that, for
the present, he will not permit such
entry or survey to be made.
The pain the President has felt In
coming TO this decision is diminished
by the recollection that it inteneres
with no duty imposed on your Excel
lency by the laws Of Georgia, as a dis.
crerion is given you by the late law Of
the Legislature in prescribing the time
when the lands embraced by the treaty
shall be surveyed. Under all the Cir
cumstarces the President permits him
self to hope that you will acquiesce in
his decision. As General Gaines has
been in communication with you on
this subject, and as it is the wish of
the President you should be in posses
sion Of every measure he may find him
self constrained 10 take thereon, | am
directed to enclose to your Excellency
a copy Of Gen. Gaines Instructions OF
this date.
have the honor to be, your obedient
sery't, (Signed) JAMES BARBOUR.
His Ex: G.. Nj. TRoup,
Governor of Geo. Milledgeville.
Department of Var, July 21st, 1925.
SIR-Yours of the 5th inst. has been
duly received with the accompanying
documents.
l am directed by the President to ex-
press his regret at the failure Of your
efforts to reconcile the Creeks to all ac-
quiesence in the Treaty made at the
Indian Springs, as it was his sincere
desire to have seen it carried into et-
feet. But the determined opposition
of the Indians to the Treaty itself, OIL
the alledged grounds of intrigue and
treachery, on the part Of the portion Of
the tribe negotiating the treaty, as well
as the smallness Of their numbers, from
which they argue its invalitity and
their solemn appeal to the justice and
magnanimity of the United States,
creates such an obligation that we
should at least pause before we pro-
coed, or permit others to do so, until
these allegations can be thoroughly in
vestigated, and their effect decided by
the proper authority; the more espe-
cially as the eighth article OF the Irea-
ty gives till September of the next
year before the Treaty is 10 be carried
into effect, and guarantees them from
encroachment till that time. 1t is in
this posture of affairs Gov. Troup in
sists that that he will survey the lands.
A collision by overt acts between the
Executive of the Union, and that Of
State, is so against the theory OF the
constitution, and SO repungnant to the
feelings of the President, that he would
determine only under solemn sense
Of duty to do an act by which so Sc
rious result would be produced. If
Gov. Troup should however persevere
in his declared purpose of surveying
the land against the repeated remon-
strances Of this department, it will pre-
sent one of the most unfortunate events
which have yet occurred in our history.
Its possible occurrence has induced the
President to weigh with the deliberate
circumspection made necessary, as well
by its serious consequences, as its high
responsibility. His decision thereon has
been made and transmitted to Gov.
Troup in letter of this date, copy Of
which l enclose for your information,
and by which you will learn the line of
conduct which the President has pre-
scribed to himself.
II is still devoutly to be hoped that
Gov. Troup will abstain from any act
that may make it necessary to have re-
course to the steps suggested: yet
should he persevere in sending persons
to survey the lands embraced within
the Treaty, you are hereby authorised
to employ the military to prevent their
entrance on the Indian territory, or if
they should succeed in entering the
country, to cause them to be arrested,
and tuyn them over to the judicial au-
thority to be dealt with as the law di
reefs. have only to add that have
transmitted 10 Gov. Troup a copy Of
this communication.
have the honor, SC.
(Signed) JAMES BARBOUR.
To Mai. Gen. E. P. GAINES.
TO THE PUBLIC.