Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-18


to take testimony at some distance
from Broken Arrow, during the sitting
Of the Indian Council, because says he,
cit was Of much importance that
should be present at the Council -
The Commissioners were not allowed
TO be present at that Councils and
wherefore it could have been Of "much
importance" for an officer Of the Gene
raj Government to be present, who was
then suspended from the functions OF
his Office, is for him to explain. We
had distinctly heard in public from
Gen. Gaines that il was his wish that
no white man should hold "any talk
with the Indians until ne was done
with them. From the course pursued
by the Agent a, tina, Council and his
permission to do so, flor the omission
to prohibit him was permission) his
suspension was purely nominal; 1t was
a mere mockery. We have no doubt
but that his free admission into the In
dian Councils, aided and assisted by
his former sub-agent, Mr.. Walker,
gave to him quite as much influence o.
yer the minds Of the Indians, as he ever
exercised in the days OF his utmost
prosperity and authority.
How we'll the Indians adhered to the
instructions of Gen. Gaines, in not re-
ceiving talks from white men, you can
determine, when you examine the writ
ten reply made by them to him as OH
cial. In that document you Will OBJ
serve that they speak Of the "usages OF
the United States-of her constitution,
and the principles by which she is go
verned;" Truly a savage production.
Upon the subject of law, which the
hostile party allege that M'lntosh yio-
lated, and which led to his death, you
are referred to the report OF Messrs.
Jourdan and Williamson. We have
no doubt from the very many contra
dictory stories that we have heard IN
the Nation, touching the origin and E.
nactment of such law, that no such
was ever known among the Greeks; we
are confirmed in this opinion by the re-
ply of Gen. Gaines to the friendly
Chiefs at the Indian Springs on the
Goth ult. IL we are correctly informed
upon tina, point, he there stated that he
had read their laws and was gratihed
to find none so sansuinary as that al
legged by their enemies to exist; under
colour OF which it has been stated that
the murder Of M'Intosh was perpetra-
ted.
The Chiefs in Council did not pre-
tend that they had any such law rednc-
ed to record. A white man who IN
formed one of the Commissioners that
he had resided in the Nation 20 or 80
wears. stated that he knew Of no such
law. The very manner in which these
unfortunate men were put to death,
prove that the Indians did not execute
them for having violated any law. we
believe that when il becomes necessary
70 enforce such sanguinary edicts up
on any of that tribe, the culprit is ar
rested and conducted to some town or
public square in the Nation, and there
nndergoes a species Of trial; sentence
of death is then pronounced; the ac-
cased is therefore publicly put to death
by shooting. How, unlike such pro-
cedure was the foul murder OF Mcln-
tosh and his friends; his house was
surrounded at the dead hour OF night,
and set on fire by band of lawless as
sassins, and there encircled by the
scorching flames produced by the con-
flagration of his own mansion, was ne
inhumanly and most unlawfully put 10
death. When Witnesses are called on
in the Nation, whom it is supposed
know something Of Indian laws and In
dian policy, they account Tor thesc
murders BY saying il was for violation
of their law-which law, answers
church missionary, was seen By NOBODY.
When asked, what law condemned to
death a distinguished man amongst
them who was Of the party slain, but
who did not sign the treaty! The an
swer is gravely given by Rev. Cler-
cvman, a7He La,c Of Nations" see MIR.
Smith testimony 1t would have
been well if this dignitary had INFORM
ed us when the Indians adopted the
principles ofVattel, Martins and BynS-
ershoek. The gross Inconsistencies IN
the statements of the Indians and
white men resident among them, to
establish the existence Of such law,
fix indelibly on the minds Of the Com
missioners, that no such law is, or ever
was. The argument in support oil
such law proves too much; the agent
himself did not rely on it at the COM
mencement of the Indian disturbances.
As an instance Of the determination
ofthose gentlemen resident in the Ma
ton. who have assumed the robes OF
sancti,y, to avoid any thing like PLAIN
truth whenever it was to operate against
the Agent or Hostile Chiefs, we call
.be attention of your excellency to our