Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-11-25

re agent for Indian Affairs, and opening the way for
he rupture oil the treatyfor that conduct has been
indicated and approved by them and all the materials
IS 1T IL understood collected for that Rupture whilst the
ndians remain unreconciled either another to
lie treaty, aud large portion of them embittercd
lnd cXasperated against the authors of 1T than
Inc president having ultimately resolved to refer
lie treaty TO Congress for reconsideration, because
alleged intrigue ani treachery praetised to obtain it,
the resolution adopted by the Executive to prosecute
the survey under the act the Legislature Of the 9th
day OF June last, was changed and the change mmed-
ateiy communicated to tue President.
IL would be uncanj, fellow citizens, 10 disguise that
but Tor The proposed reference TO Congress- the survey
would nave been commenced aud prosecuted. So long
as the courov was confined to the Executive of the
mon, anu Tie Executive of Georgia, there could be
no hesitation as to the which became the
iatter 10 pursue Between states equally Independent
II Is not required ol the weaker To yield 10 the stronger
because this would be settling controversies by the rule
oil iorce not by the rule of right; and between
reGns the weaker is equally qualified the stronger
pass upon lis rights. The immediate survey of the
country, required certainly by the ntcrcs! and Conr
nience OF Georgia. not of that vital Importance
winch would Justify offensive measures 10 execute it
iSu the abandonment OF right, not considered doubtful
by the only power competent TO pronounce upon was
another and very different matter. The of
right without an equivalent by weaker 10 a stronger
power IS never made without Xposing the former 10
curious temptation, and viii always be- followed by
ccssIon atcrconccssOn, 10 unjust demands till nothing
remains 10 DC demanded the side or conceded
on the other hen therefore the President of the Uni
led States commanded the Governor Of Georgia TO for
bear the survey. and when that command was followed
by distinct annunciation Of the penalty which awaited
The d'sobedence 10 H. the Executive of t;corga would
not merely have surrendered right already declared
TO be so 10y the supreme power OF the State but would
tiaYe made dIshonourabiG surrender to a strong
power with the sword suspended over his head -
Nhlist therefore, tue Governor would in this respect
have treated the mandate of the President as unlawful
he did no hesitate the contemplated reference
p Tie treaty 10 Congress alleged intrigue and treach
cry, officially known 10 him 10 puspure the survey
until the meeting of the Legislature; not because that
reference was lawful, but that rs legality or i!epaty
was not appropriately question for his decision as
Tor that OF the Legislature So tat whilst the Govern
ment of Georgia, denied the power OF the Executive
authority oil me United States To pronounce upon her
right, 1t might not refuse 10 tie assembled States OF the
mon the opportunity of investigating certain claims
or discnSsng certain questions in controversy connect
cd with the treaty or with her character and con
uct IN relation 10 IT. 80 far that character and con-
Huc' were III any manner mvoyc in the negotiation or
conclusion OF the treaty the events which prece-
ded and follow ed, their purify uDrircgs and instico
might freely he canvas>cd before The whole world
nus much was concealed for sake, until the
meeting OF the LcgIslaturc--tGe rights of The State
were saved by procsations, and the legislature vet
tree to act upon tile subject if no measure had been
taken by the Executive, IN relation that reference
lie egaity OF the survey was asserted the power 10
lnvald"te the Treaty denied and the absolute little of
Georgia 10 the soiI and jurisdiction vindicatcd
The very lrmltca tnowicdge of the history OF the
CreeN tl0es posses led by the people of the United
states and me misconceptions and INTERPRETATIONS
which cOuld MOI fail to cnsuc induced the Txecuti,,a
10 direct the attention of l. V Bevan ESQ f.lra,t,
Iss'cuously occupied under Your arpointment 10 col
!ect the materials fer history Of Georgia 10 the ius
i'aoon Of mat part OF the Creek story which had more
immediate rcioT@nec The points invov e.! in the dis
cossIon of the TrcaE.-Ile result of his ilIoant ro
search IS Submitted tho paper snar1cc You win
Ind there the ground assumed by the Executive of
Georgia IN maintenance of the Treaty: viz that the
consent OF Coweta was Of itself sufficient independ-
emily OF all other considerations TO give force and
oncacy TO that instrument is fully sustained and by
e. drrce derived from such authentic sources as 80
leave nothing TO vii or 10 sub c! luge
In Obedience to the will of the legislature exnressc
IN Their resolution of tic IN day Of June last pro
cceded to tue appointment Of Commissioners TO carry
me objects OF them iHto eIcc-In selecting the mem
ocrs OF tlS commission, Cndrayured to have reo-or, 70
lhe Qualifications OF uHlish,ncs., integrity and inteI,i
geHce 1t was believed t,at the selection would he
approved oy The moral and enlightened of cur own
G@'nnny' since however, the censorship of the
United states AgCL;s las passed them in review thn
tNecnlive IS informed rs those Agents that he yvos
mistaken and dcceTed. and accordingly yoa will seq -
sun"'y documents accompanying this messuage The
Characters OF those commissioners so b,t
"ouu nave Decn Ghlcu 20 resist the belle! that by
strange fatality Ike; had been chosen from the lost
worthy ana estnahl" OF society, il the characters of fc
persons htng the highest Offices of State both Ienjo
tive and Executive had not previously been s,,b,tod
IA Tie Same scrutiny and shared The same (,ccrbei,
HcPoTt VIII inform yOu OF The treatment fln, ,.,o;,d
ana OF 'e obstacles thrown IN their way al every sc
ny WHICH all investigation was rendered unavailpr.
INC principal Agent hayiog been Instructed be the
resident 10 ad ise With the Governor of Georgia upon
me measures necessary to the successful nroSec!io
Oh ms MISSION, when inc Governor Of Georgia aDpoint
ca commissioners to cooperate with him in the task of
ln'cSgaion rs well as to guard The interests of Ccor
ga 'he act OF appointment is pronounced usuroa,6n
the commissioners treated private pcrsoos-cvcrr
obstruction opposed to the procurement of tcst,nonv
intercourse with the Indians denied Iem-the promises
gwen OF separate examination of the Indians volafed
tic word OF an Indian chief received as true a,,ainst
me testimony OF tic whole world--fle Aren't of InJ,
AHas declared innocent, If condemned By p states f
t'e ~J-and Cherokee chiefs who had DISTINGUISHED
themselves IN the councils of their own nation for bn.
uHy 10 The interests of Georgia, permitted TO s in The
CouncS and to aid with their advice and TO dictate
TIC a>s OF the Greeks, whilst the conformation Win
'"e enemies sought BY the friendly chiefs was refpsed
IN compliance with the acquisitions of the Same RI
solutions transmitted without delay copy # The mr.
moral addressed by The Legislature to tie President
exposing the conduct Of the Agent for Indian Affair.
ana requesting his removal from office. The President
IN ms as I'D every other in which the authorities
OF georgia have complained Of the conduct of bis
agents has determined TO refer the subject to the consi
ociaIon OF Congrcss-a decision as unexpected ne mr.,
satisfactory II IS the transfer Of a matter by the Pre-
Sloeut who alone has the absolute control over IL f m