Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-06-23
the Agent, an opportunity will be fur
nished your excellency to commune
cate them.

the Agent, an opportunity will be fur
nished your excellency to commune
cate them.
Governor Troup to the Secretary at Ulv.
EXECUTIVE DEPARTMENT,
Milledgeville, Sd June, 1925.
SIR / have received by Major An
drews your letter of the 18th inst. The
dispositions manifested by your govern
ment to do right in all the matters con-
nected with the subject of my late COM
munication are only in accordance with
my just expectations. l am happy
that in the general the measures deem
ed best appear to be appropriate and
iudicious. Pardon me for making an
exception. In searching the archives
of your office, you will find at divers
times and on various occasions, repre-
sensations made Of the conduct of the
Agent, all or any of which should have
disqualified him as competent witness
against the government Of the state of
Georgia. On the recent one of the ra-
LITIGATION of the Treaty of the Indian
Springs, yourselves pronounced upon
that incompetency in terms not to be
mistaken. The Agent protested "a
gainst the Treaty; the President sub
mitted it to the Senate, and the Senate
ratified it in contempt Of that protesta-
ton. If single declaration of the
Agent had been accredited, the Presi-
dent would not have submitted it; the
Senate would not have ratified it. The
last of your prominent acts therefore in
relation to this individual, places him
in an attitude before yourselves which
should have decided you to listen with
great caution and reserve to any sug-
gestions of his connected with any sub
iect whatsoever. Whilst on the one
hand, he presents himselfbefore you as
all accuser of the Chief of the govern
ment of Georgia, and the accusation is
neither more or less than that the mea-
sures taken on his part have been the
only exciting causes to the mischiefs
and crimes perpctrated in the nation,
and you OIL the other hand so far sus-
tain him in this position as not only
to receive it willingly, and to specify
it distinctly, but to make it the basis
Of a most erroneous construction Of
the treaty, and in consequence Of
that construction to address to me
most extraordinary request Of the
President, affecting important inte-
rests here, ] must pray you to excuse
me, when | say to you in answer that |
do not ieelmyself treated in very kind
ly or very generous spirit; and that if
treated in the most kindly and most
generous, such all expectation would
be pronounced at once as unreasonable
on your part, and certainly not to be
fulfilled on ours. Is it possible that
the President could have consulted the
Indian Treaty and compared its provi-
sions with those Of the Articles of A
greement and Cession, and at the same
time have INDUCED this expecta-
ton? Without troubling you with the
argument permit me to state the fact.
BY the Treaty of the Indian Springs
the Indian claims are extinguished for
ever. The article is worded in the
present tense. On the instant Of the
ratification, the title and jurisdiction
became absolute in Georgia without
any manner of exception or qualifica-
ton, save the single one which by the
eighth article gives to the United
States the power to protect the Indians
in their persons and effcts against as
saults upon either, by whites or Indians.
For this purpose your powers are quite
ample, and in proceeding to the survey
of the country you will only find aids
and guarantees on the part of this 60
vernment for the faithful execution of
the article-beyond this you cannot
pass. Soil and jurisdiction 20 togeth-
err, and if we have not the right of
both at this moment we can never have
either by better title. If the absolute
property and the absolute jurisdiction
have not passed to us, when are they to
Will you make formal con-
ccssion of the latter-when and how I?
If the jurisdiction be separated from
the property, shew the reservation
which separates tits impossible Il
You have the same remnant Of it in
this cause as you have by the Consti-
tuition and Treaty in all similar cases
where treaties having guaranteed the
rights and privileges of aliens, those
rights and privileges find their protec-
ton under the supreme law of the
United States, within the jurisdiction
of the several states: If the President
believes that we will postpone the SURF
vey of the country to crafty the Agent
and the hostile Indians, he deceives
To these poor deluded men
who have been hostile in peace, and
hostile in war, and the opponents of
the treaty, Georgia could make no ap-
peal. From Mcintosh and his friends