Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-30

the result through a clearer atmosphere. To
the decisive and Just course of the President
of the United States, and to the intelligence,
energy and frmness of General Gaines and
the Special Agent, Maj. Andrews, the country
is indebted for a continuance of peace, and
the defenceless Indian for the preservation of
his warranted rights, and the ultimate securi-
ty of the fruits of his civilization.
That the Treaty was founded on fraud
that M'Intosh was bought and made the in
strument Of suborning others, and that the
Commissioners on the behalf of the U. States
were either wicked or deceived, is sufficiently
clear-the evidence is as irresistible to every
unfettefed mind, as the torrent of public opi-
MON that is sweeping the unprincipled authors
of the speculation to the gulph of everlasting
dishonor. It is true that the Treaty was made
and signed by a number Of Indians; but the
Senate was deceived, and will doubtless glory
in an opportunity of recalling an act Of unin-
territorial, yet fragrant injustice. But inde-
pendent of an undoubted disposition on the
part of the General Government to mete the
same justice to the Indians that it would to
Georgia, it seems clear to our mind, that the
Greek Nation has an equal right with the Sc
nate itself, to refuse the ratification of a Trea-
ty, even though that Treaty had been made
by the acknowledged representatives of both
nations. As regards the right in the soil, the
United States recognise in the Creeks a So
vereign power, and treat with that power in
the same manner that they would with France
for Louisiana, or Spain for Florida.
The accredited agents acting under in
structions, agree upon the matter of a trea-
tv that shall be submitted to the respec-
tive powers for their consideration, amend
ment, and final ratification or reflections; and
until the contracting parties jointly pro-
claim to the world their unconditional ratifca-
tion, there can be no Treaty. Let us apply
these positions to the case in hand, and see to
what conclusion they will lead us. The Greek
nation as a sovereign power, on the one hand,
and the United States on the other agree,
through their agents, on the form ola treaty
the agents sign that form, and lay it before
their respective governments. On the part OF
the U. States, the President submits it to the
consideration of the Senate, and the Senate
ratifes it. But, again-The Senate may re-
iisct IL, and the Creek nation has no right to
complain Or, the President may allegc that
his agents exceeded or violated their instruc-
tons, and therefore refuse even to offer it to
the Senate. SYere Spain one of the parties,
instead of the Creeks, the same observations
would apply to Spain. If, then, the Creek
nation, like Spain, be a sovereign power in
the disposal of its territory, it must necessari-
" possess a corresponding right of revising
the acts Of its agents, or else it treats to an
evident disadvantage
We have seen it ~contended, however, that
the Indians enacting their laws and making
their treaties BY a convention or general Coun-
Gil of the nation, and having no form Of rati-
6cation, are bound by their first act; and when
the Senate rati6es, the Treaty is finally con-
cluded. Such, we know, has been the prac-
tee, but it is entirely owing to the fact, that
no Indian nation has heretofore been detraud-
ed in a Treaty with the United States, or has
felt a disposition to retrace its steps before the
terms of the Treaty were carried into effect
Hence it is an improper conclusion, that be-
such a right has never been exercised,
such right exists. 1t is wrong, too, to say
the Indians have no form OF Qualification.
II is true that their form is not like ours; but
if we mistake not, it is as clear and equally as
simple. Their form is to comply 10Th the
stipuhtions ofte cOntract-to deliver the land
and to receive the ~money-and until these be
done, the white man is no more injured by
the Indians refusing to comply with his bar
gain, than the Indian would be were the Sc
nate to reject the Treaty, after it had been
signed by the Agents for the United States
In the instance of the present Treaty with the
that nation denies the Treaty to be
the act Of the nation, and positively refuses to
with any of It's provisions. Neither
Georgia nor the United States have been in
iured; and it only remains for the Government
of the United States to be satisfied that a ma
iority of the Creek Nation have formally re-
jected the Treaty, and it is annulled to all In
tents and purposes.
Among the items of Foreign intelligence,
at New.York by the Courier, is one,
the subject of Greek Affairs, well calcu-
to excite alarm in the friends OF the
brave and devoted descendants of Leonidas.
The Paris Constitutional of the 10th July,
declares it has good outhorityfo stating, that
Austria and Russia have formed a project for
IL