Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-03-13
TDe Gosysttt,tttoual aantg.
CONGRESSIONAL DOCUMENT.
House Of Eeeprcseatqtires-ararcb g Troy
Georgia and tie United States.

House IF ReprcsentaticeS--AIar s, 13.z
ie os'ec, committee. to which were referred Message
| OF the President OF u States. of Tie 5th nst viii,
accompanying documents, and Messas of the Sin ms,
with accompanying documents; also, a Report aud Re-
solutions OF the Legislature of Georgia. with dcconp.
! nyims documents; aso Joint Resolution IN ;n,n,r,
the Creek Indians for the land lying between the ha,n,
houchie river and dividing line betee ,Vn Georgia and Al
bama; also,a Message Of the President with accomp,
hyng documents, OF 81 March; had. ,hse s,icc,s
under considerations, and bes leave report as follows:
The civilized nations ofEurope Who az different NO
RODS discovered ana settled tie various portions of The
American continent founded, principally, on the right
OF discovery cian TO The Sovereignty over Tue Re-
Glohs SO discovered. This ella ia ef SOW efogtay
does not appear at least in the case of the English
government, TO have extended itself beyend an excu
sion OF the claims of other pations The Committee
are not aware, that the English Governments or its Re-
prosentaves, the Colonial Governments err assumed
IN virtue OF this claim of Sovereignty to exercise the
power CT internal Legislation over the persons WHO com
posed the vsflots 1adiaD tribes within tie regions To
WHICH The claim OF sovereignty extended. These tribes
were on the contrary, considered aud treated as sepa
rate and, TO certain degree, independent nations
iriendiy intercourse with them was kept up by means
OF conferences and councils boundaries the right to
esaolish and MAINTAIN military posts, aud occasionally
the right OF passage, of stpnl ations by
formal conventions, catered into between the Grow
of Colonies on the enc hand, aud the Chiefs ana ar
rios OF the tribes the other. When The rruvisions
ot these treaties broken by the Indian tribes or
when, in any other way, state of hostility arose wars
cnsded, as between separate civilized countries AMI
these wars were concluded by treaty. No doubt in
Tue most eaty periods OF history and i'm
to the remnants of tribes, which had ceased 10 have
sePa ate existence transactions may have occurred
which imply different principle Of action on the pari
OF The British or Colonial Governments; but il is be
eved, that no attempt made by those Govern
mens, any ofttom, incorporate the Indian tribes
into the body polite, carry the tight of sovereign
y farther than 10 exclude the sovereignty OF other free
States, and TO regulate, at discretion the inter cour
with the tribes thus subjected.
In like manner, the European Governments cl,;,,ad
10 virtue OF discovery, right in the soil ocuuied by
the Indian tribes. is necessary perhaps ppssi-
BILE, to define the precise extent to which this ella i'm
was carried IN ali instances. 1t is we'll known how
ever, that was claim of right CT pre- efnpon re
siding IN the Government. Bv Yaiu,s public and le
gsiatYe acts, nGiviuals disqualified fc;n ac-
curing title TO Indian la;is, by direct purchase of the
lndshsj AMI the Government recognized right OF &C.
cupsncy in the lndiaus which claimed 10 itself the
exclusive perogatige of extinguistl;ne THIS we'll
KNOWN fact has received the sanction OF i.loia eci-
sion, t3tb Wheaton,, in the case of johnson aud q .a>
hams i.essees Us. Acl'rusl such vas tie state of
| things before the Revolution
10 the event of the of Independence the rights of
the British Government developed apou the u States.
But grave question whether ia reference 10
the Indian tribes within the limits of anv State the
right OF exclusive prescriptions formerly vested in The
Crown, passed, IN virtue of the Dcclara ton OF hide
pendence to the CoDfedeTai of States or 10 the m
divdual States, respectively, within the hints of which
each tribe was situated On the one hand il was con-
tended, that tue right TO the unoccupied lands and
what was considered the thing, the lands occu.
pied by the Indians, having originally resided in that
iGovernnent, which common 10 all Colonies and
having been conquered from that Governments at the
joint expense and efforts Of all the Colonies passed to
the Considerations on tie other hand, il was urged
that each Stale, becoming independents succeeded
wih It's limits, 10 ali the rights formerly vested
in the Grown.
The controversies growing out OF This difference Of
opinion, were OF the most serious character. They
were one Chief cause, ,9!sh retarded the adoption OF
the articles OF Con flderaon aud under the Conf.le
ration heJ formed the subject of Of the most en-.
barrassng questions, Which were presented TO the con-
sderation OF the Connental Congress.
The difficulties thus arising we're o: yo great mac
nItudc to be settled, ny any positive decision in favor
of either party. They practically obviated by
successive acts Of cess!on The part the States lay
ing claim 10 extensive tracts Of unaccGpietI Western
! lands. The conditions on which these cessons were
made, by the different States, unifor; nor did
Congress, in accepting these cessions admit that with
ont them, the COnfcderacy would have posy,ssei M
liiie To- the uDoccpied lands. II was a settlement By
compromise, between conflicting parties, whose inter
ests we're too important to admit of any other mode Of
adjustment,
Georgia was Tie Only State having large claims to
nnoccuped lani her " frontier which did moi
either before shortly after the adoption of lie Fede
raj Constitution, make such oCssiOB to the T. States
Resolutions we're repeatedly adopted by the old Con
gFess recommending to her cession, on the same
principles on which the cessioDs, Of te other States
and particularly Virginia, had been made. In tie yea,
/ l783, Georgia offered 10 Congress a cesson of land
commencing on the Chatalouchie river al her South.
ern boundary, running up that river hundred and
fifty miles, thence, due West to the Missssippi-a tract
comprehcndiDc the lover half of the present States Of
Alabama and Mississippi Several conditions ere
attached 10 this cesson, among Others that of guaran
tee 10 Georgia of all the remainder of the unoccuped
lands, which she claimed TO the West These condi
lions not satisfactory to Congress- aud the ccssion
was not accepted.
In 1895 the Legislature Of Georgia proceeded to
make extensive sales Of the unoccuped lands on hor
Western frontier, Great embarrassments arose. rela-
tive TO e titles acquired under these sales, and at
length, in 1902 compromise was entered into be-
tween Georgia and tic United States, in virtue Of
which and conditions mutually acceptable, Georgia
ceJed 10 the United States all her right and lille, West
ward 81 certain line; and the United States coded to
Georgia all the claim, right, and tile, of tie United
! States the jurisdiction and soil Of The territory East
Of the said ae assuming at the same time the oblga,
ton Of exincujsiug The Indian tile 10 all lands East