Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-01

from them. but, on their refusal, we
assured themsthe intruders should be
removed, and orders were accordingly
riveu. But the officers to whom they
were given, interceded with the In,
dams to let the settlers remain until
they had gathered their crops: and this
indulgence was, | believe, repeated,
until at length they agreed to sell the
lands. Recurring to mypapers, / find
the following passage in letter to
Gen. Dearborne, Of April 8, 1904, writ
ten from this place, where / was on
short visit at the time. 81 think, be-
fore l left Washington, we had decl-
ded to take immediate measures for
endeavoring to purchase Of the Chero-
KEGS all their lands in Tennessee, or
such, the most interesting to that state
as they would be willing to sell, and
to name Meigs and Daniel Smith
commissioners" To this Gen. Dear
borne answered by the letter Of April
IA, which | now enclose you, inform
ing me that Smith and Meigs had &C
cordingly been authorized to hold the
treaty: this is the last trace OF the
transaction which I find in my papers.
/ have for forty years back kept list
Of every letter or communication L
wrote or received. A diligent exami-
nation of this list assures me that l
never received this treaty. l have
preserved press or polysraph copies OF
every message | ever sent to either
House of Congress. A like examina-
ton of these, proves never laid this
treaty before the Senate. Yet that
the treaty was entered into is proved
by the duplicate copy produced by the
Indians, equally authentic with our
own, by its actual execution by the de-
livery of the lands on their part, and
of the price in goods on ours, and by
the testimony of Mr.. M'Kee and 9th
ers. How has it happened that this
has been done without ratification by
the Senate? l do not know. Two con-
lectures occur: either the treaty may
have been lost by the way, or, ii re-
ceived by the War Office, it may have
been mislaid there accidentally, and
escaped subsequent recollection. In
this case, it may still be in some un-
suspected bundle where nobody will
ever think of looking for it. The ex-
ecution of the treaty having taken
place Immediately, and on the spot
where it was signed, nothing occurred
here to recall our attention to 1t after
wards, and in the mass of other bust
ness engrossing the mind, we have O.
verlooked this, and failure of duty
has been incurred by lapse Of memo
ry. l take to myself my share in this
omission, and can only say in excuse
"homo sum- The treaty had all my
appreciation. 1t is some consolation
that the blot may yet be covered, if all
parties are agreed. The Indians will
doubtless consent that their duplicate
shall be laid before the Senate, which
being equally an original with that
which should have been, laid before
their predecessors, can Ee1eiye their
ratification, nunc pro 10 will
sanction all that has be- 6!Ifop the
principle that the conf BE- 6f a
proceeding supplies precsa ktscts:
In this way may be repair \. Sf
the executive functionaries, d8zttfng-
ly committed, and full justice be done
to the other party.
, With my regrets that an involinta-
ry failure of recollection in myself, a.
mong the other officers of the govern
ment participating in it, should have
produced the present embarrassment,
be pleased to accept the assurance sof
my high respect and consideration.
THOS: JEFFERSON.