Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-07-04

I'll,
1t and casting it on the floor Such treaty,
considered private contract, would be, in law,
not merely voidable, but void. Void alb nitio So
should he regard the treaty of the Indian Springs
If made with incompetent persons, whether fradu-
lenty or not. Had it been submitted 10 this House
for an appropriation, with satisfactory evidence thu,
the Indian nesotiators were destitute OF authority
20 make it. he would not have voted a cent to give
70 i, effect.
So would he decide in relation to this treaty il
n were or gould be proved, that fraudulent means
had been employed for its ratification. But where
r. the evidence OF such fraud: Does any conceal
ment mark this transactions? The fac, supposed TO
warrant the insinua,ion which has been made, is
stamped on the very face osthe treaty. What says
lis third aTticles
{" Immediately after the ratification Of this Tres-
ty, the United States agree to pay to the Chiefs Of
the said Nation the sum OF two hundred AMI seven
teen thousand and six hundted dollars, to D.
divided among the Chiefs and Warriors OF the said
Nation.'
Shall be Immediately paid to whom! The Chiefs
assembled here asserted that they had authority to
receive the stipulated consideration. Is that
thory doubted or dened' II rests, as they truly
say, on the same eriience with their unquestioned
power to treat a, all Their subsequent agree
inent, among themselves, relative to the distribu-
ton oi part of the consideration, constitutes no
link OF the preceding negotiation, no feature OF the
treaty itself 1t Is their separate and independent
act, fcr which they responsible, 10 the
Secretary OF War, to us, but to those for whom
they were deputed TO trea.. Is The Secretary of
War bound has he the power, 10 follow these
Chiefs 10 their native wilds in order TO execute
thei. laws, TO enforce among themselves their own
customs, to control them in the final distribution
ofthe money, with which they entrusted by their
nation.
we make should conform TO its provisions. If
fraudulent and void, no appropriation whatever
should be made.
Had the treaty lFeen silent as 10 the part of the
consideration which the Chief proposed TO distri-
butte, before their departure; had this sum been Sc
cretly promised; had it been proposed secretly 10
hay II, so as 10 screen the receivers from ali res
possibility to the chiefs and warriors OF the Creek
hatfon; there would, indeed, be some ground for
the mputaiion of fraud On this subject although
negative proof cannot be required, we are happily
furnished with the hgheS excupstory testimony.
y Senator from Missouri OF distinguished abilities
entitled, it need scarcely lie added, the highest
credit "A gentleman thoroughly acquainted with
lie progress otthe entire negotiation had volunta-
rily communicated to Mr.. M.-rhere some gentle
inan exclaimed aloud that Mr.. Benton had so in
!ofned The Senate. Mr.. W. proceeded He had
no right he said, to advert TO what the honorable
Senator l,rd said, in his place 10 the cody OF which
he is a member: but he had right to refer, for
purposes OF public justice his personal assurance
10 ftliai, on the part OF the Secretary oC
War, this treaty hal been conducted on the fairest
AMI most honorable principles.
II would, indeed, furnish matter Of surprise if,
While rumor had dened 10 the Secretary any share
OF credit for the resu of this negotiation, the fraud
10 winch IL spturs now 10 be ascriJed, should be
imputed 10 him. If the merit OF success be award
ed TO other gentlemen, Ire Should at least be ac-
qllttcd OF biame.
tFire Speaker here questioned whether Mr. NJ
vas in order)
~ W mi =
Chair. He made no charge upon any Individual. -
lie hadrisen TO acqit to vindicaie to condemn
The Speaker said, no charge, had been Iiia..e Oh
the Secretary Of War;
y IS true, Mr.. ". proceeded, and DO not aver
that such charge has been formally made Bur
the view " hch has been presented Of this whole
subject, rendered such an inference natural if not
unavoidable; and lie meant, Mr.. NJ said, 10 include
rs possibility.
The repor, of the officer Of Iadian AFairs dis
H.oses the paernal kindness OF the Secretary, in
jr1visins the Chiefs who negotiated tie Treaty, TO
'i-er the distribution ol any part of the cous!dera-
ica ro Ire paid them, until their return to the bo
SOFA OF their nation. The language of tlis friendly
and chnsidera'e caution has been tortured into
L:oof o. an intended fraud, the part Of the
chiefs; and OF a conn!vance at IFS preparation, on
the part OF the Secretary of War. A fraud TO be
peTpetraed by those very chiefs who, il may be
PRESUMED and II is said govern the council OF their
tribe at home; and which the treaty ;ha, they are
obear 10 that council would disclose upon lis We
~ features.
Whatever may be the intention OF these chiefs
said Mr. M. do but demonstrate this treaty 10 be
fraudulent, and am ready TO pronounce il void
lie would consider The evils OF that civil war; of
which gentleman from Georgia has spoken, as
lar preferable TO the open sanction OF an atroci-
ous fraud, By lie Congress OF the United States
Time has often healed the wounds inflicted by war
upon the prosperity OF People; but na,iona! mo-
raiiiy, the source OF all national happiness when
once utterly lost, has rarely If ever been restored
lie had not, however, risen, Mr.. NJ. said, to dis
ctrss The merits of the late Creek Treaties but to
vindcaie friend from reproach and his obiect was
lie hoped accomplished.
Mr.. Taitna!l again rose, and said, that 10 set
the gentleman from Illinois perfectly right upon
The point which lad been in dispute between them
il only necessary that he should read from the
documents sent 10 this House by the War DeDart-
nent itself. Phat gentleman would then see, and .
he was sure, would readily acknowledge. that he
was incorrect in his apprehension of the facts Of the
case, and that the list alluded TO- the purport and
character OF which the gentle man cid not affect
70 doubt, was presented to the War Department
during the preparatory arrangements Of the treaty
and that the War Department did, therefore be-
come prey to The frGud before the treaty had
been transmitted to the Senate
After, said be, some preliminary matters relative
20 the basis OF The treaty stated 10 have been
adjusted the document which hold in my hands
goes ON 10 state as follows: 'They assented.-
. The ,reaiy was then dram, Gas it appears, in
- its present form, without its supplemental arti-
" cle,) and submitted to them, and agreed to- III
- This period, and after the signing, RIDGE and
Tsl IL. &