Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-13
NO. 90

art; and you know as well as
l, that no principle is better settled,
than the one which justifes disobedi-
ence to positive orders under change
of circumstances. / say that the III
struction had its origin singly in
falsehood imposed upon your govern :
ment by its own Agent; and that but
for that falsehood, the instruction would
not have been given. You have the
proof of it in common sense, and in the
documents and evidence connected with
the late disturbances: If you want more
proof, look into the gazettes of jester
day, where you will find council of
hostile Indians assembled by the A
gent, proclaiming by reclamation his
innocence of the death of Mcintosh, be-
cause that death followed not from the
survey, but the law Of the Nation
Your government is informed BY the
Agent, that the hostile Indians are in
array against us, because the govern
ment of Georgia interfered to procure
the consent to the survey.-The same
Indians testify to the falsehood OF the
declaration, and The dilemma is, that
if the Agent is to believed in the one
case, the Indians cannot be in the O.
Their. You see therefore, sir, plainly
the result. The government OF the U.
States identifying itself in all things
with the Agent, assumes for granted
what is false; issues in consequence
thereof, a peremptory order to this go
vernment to forbear an &C. which it
feels it is its right, and duty, and in
terest to perform. The falsity is made
known to the officer instructed to car
ry that order into effect: the officer
feels It to be his duty to proceed in the
execution Of the order, Notwithstanding
the change Of circumstances which
produced it. On the part Of the gov
eminent of Georgia, the will OF its
highest constituted authority has been
declared, upon the most solemn deli
beration, that the line should be run,
and the survey executed. 1t is for
you, therefore to bring it to The issue;
it is for me only to repeat that, cost
what it will, the line will be run and
the survey effected. The government
of Georgia will not retire from the po-
sition it occupies to crafty the Agent
or the hostile Indians; nor will it do
so, l trust, because it knows that, in
consequence of disobedience to an un-
Lawful. mandate, it may be very soon
recorded that Georgia was"
Suffer me TO say also, that your go
vernment has acted very precipi-
lately and unadvisedly in this affair."
After receiving the notice OF my In
tention to make the survey, it inter-
posed no objection, though it had time
to do so. A considerable interval E.
lapsed, and it receives false informa-
ton from the Agent, upon which it Is
sues its peremptory order; soon afterit
receives further false information from
the same Agent, upon which it issues
other orders conGrmatory OF the first,
and which you seem to consider final.
But for my direct and active interior
ence, hostilities would have immedi-
ately followed the death Of M'lntosh,
and of character so inyeterate as to
put at defiance any interference what
ever, even on your part. Your power,
not your influence, might have been "a
vailing to be sure, but your power was
not here; and for preserving this peace,
you know what respectful testimoni-
al have of the thanks of your govern
ment, couched in most delicate and
complimentary terms.
The suggestion you make in dero-
CATION of our claim to participate in
the construction or execution OF the
treaty, giving to that suggestion its ut
most force, is merely that We are not
nominally parties u the treaty, whilst
the answer to it is, that we are party
in interest deeper ten fold than they
who appear upon the paper, and that
the paper, in virtue of another paper TO
which we were parties, ootn nonlhaiiy
and in interest, passed vested right OF
soil and of Jurisdiction TO Georgia,
which none but the Great Jehovah can
divest.
You will be pleased to understand
that there is no inclination here to urge
hastily, either the survey or the run
ming Of the line, so as to interfere IN
the least with the measures to be taken
to pacify and tranquilize the Indians.
On the contrary, all the facilities we
can give for this object, will be readily
afforded: but it is believed that in rea-
sonable time, this happy result can
with wise and prudent measures, OF
which your Special Agent was advis-
ed yesterday, be easily accomplish,
ed, but never to be accomplished, 1t
the condition Of that accomplishment
be the Abandonment Of the survey and
running Of the Gpes
What in Our verbal conferences had
been promised, is now repeated, tina,
~ -, ~, "a ~: sstsooo xvhich in COINS