Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-15

considered the same thing, the land occupied by |
the Indians. having originally resided in that Co
vernment which was common to all the Colonies,
and having been conquered from that Government,
atthe joint expense and efforts of all the Colonies
passed to the Confederation; on the other hand il
was urged, that each Stale. becoming indep endent,
succeeded, within ts own limits, to all the rights
formerly vested in the Crown.
The controversies growing out of this difference
OF opinion, were of the most serious character
They were one chief cause, which retarded, the
adoption of the Articles of confederation; and un-
der the Confederation, they formed the subject of
some OF the most embarrassing questions, which
were presented to the consideration of the CONT
mental Congress.
The difficulties thus arising were Of TOO great
magnitude TO be settled, by any positive decision
IN favor o! either party. They were practically
ooViated, by successive acts CT cesson on the part
OF the States, laying claim to extensive tracts of
unoccupied Western lands. The conditions on
which these cessions were made, by the different
States, were not uniform; did Congress, in
accepting these csssIons, admit that, without
them, the Coniederacy would have possessed no
title to the Lnoccupied lands. II was a settlement
10y compromise. between conflicting parties, whose
interests were too important to admit of any other
mode of adjustment.
Georgia was the only State, having large claims
60 unoccuped land on her Western frontier,
which did not, either before shortly after the
adoption OF the Federal Constitution, make such
cession to the Unied States. Resolutions
were repeatedly adopted by the old Congress
recommending to her cession on the same prin-
ciples on which the cessons of the other States
aud particularly Virginia, had been made. In the
year 1883, Georgia offered to Congress a cession
ofland, commencing on the Cha'ahouche river, at
her Southern boundary, running up that river one
hundred and fifty miles, thence, due West to the
NlississipFi-a tract comprehendng the lower half
OF the present States OF Alabama and Mississippi
Several conditions were attached to this cession,
among others that Of guarantee to Georgia of
all the remainder of the unoccuped lands, which
she claimed to the West. These conditions were
not satisfactory to Congress, and the cession was
not accepted.
In l795 the Legislature of Georgia proceeded TO
make extensive sales Of the unoccupied lands ON
her Western frontier Great embarrassme n,s arose.
relative to the titles acquired under these saies and
at length in 1902, compromise was entered into
between Georgia and the United States, in virtue
OF which, and on conditions mutually acceptable
Georgia ceded to the United States all her right
and title, Westward OF a certain line; and the Uni
ted States ceded II Georgia all the claim rie hit.
and title, Of the United States, 10 the jurisdic-
tion and soil OF the territory East of,he said line
assuming, at the same time, the obligation of ex-
tnguishing the Indian title to all the lands East Of
the said line, as soon il could be done peace
ably and reasonable terms These articles OF
cession concluded between the Commission
ers OF the United States and those of Georgia on
the Gath April, 1902. AT this time the Oconee
river formed the Eastern boundary of the Creek
Indians, and the quantity Of land occupied BY
them in Georgia amounted to 10 ,57S $50 acres
In pursuance of the compact of 1902, and but a
few months after its conclusion, treaty was made
between the United States and the Creeks, by
which portion OF land was coded by the Indians;
and still larger portion, by another treaty, con-
cluded in 1905. By these two treaties, there were
ceded to the United States, for the benefit of
Georgia, 2 ,7l3 $50 acres of land.
In the course of the late wara part of the Creeks
were excited TO hostiies sgainst the United States
Having been vanGushed by the valor and conduct
of General Jackson and his troops, a treaty was
concluded by which considerable cession of lands
was made TO Georgia, and the integrity of all their
remaining lands was guaranteed to the Creeks By
treaty concluded in 1918, another cession was
made OF two large tracts of land; and, by the trea
~ of 1921, yet another cession was made by
which tie Flint and the Chatahouchie became the
Eastern boundary of the Creeks. BY the three last
mentioned cessions, IL ,735, $50 acres of land were
acquired by Georgia, making, together with those
obtained, under the two first cessions, an aggre-
CRATE Of 7fs, $50 acres, being about tw o-thirds
of all the lands possessed by the Creeks, in the
State Of Georgia, at the date of the Convention of
1902. AT the same da'e, the Cherokees were in
possession OF 1852, ITO of land, within the
chartered and con yeniional limits OF the State of
Georgia. Two treaties have been held by the
United States with the Cherokees, in pursuance of
the compact of 1902, by VIII CHI 995, $40 acres of
land have been acquired 10 Georgia.
In 1922, sum oil $50 900 was appropriated to
delfay the expense of holding farther treaties with
the Creeks and Cherokees, for the purpose of full
filling the compact with Georgia; and treaty
having been concluded with the Creeks the pre-
ceding year, it was deemed expedient, by the
President, 10 make the next effort with the Che.
iokees This was accordingly done, by the ap-
pointment of Messrs. ID. g. Campbell and james
Merriwether, as Commissioners, on the part Of the
United States. They repaired to the Cherokee
country, in October, 1928, and, after strenuous
efforts TO prevail the CheroSees to enter into
treaty OF cession, they received positive refusal
The objections made 10y the Cberokees appear 10
have arisen from exaggerated accounts of the hard.
ships endured by their counirymen, who had emf
grated beyond the Mississippi, from their advance
iIent in the arts of civilized life and the conse-
quently increased value which they set upon their
lands.
II appears that the Cherokees in order 10 fortify
themselves in their resolution. 10 withhold all
further cessions, sought to engagethe cooperation
in the same policy OF their less civilized neigbbor,
the Creeks. Overtures, made to the Cherokees
by Mcintosh who was allied to them by marriage
in order to persuade the Cherokees 10 a cession.
were rejected; and communications were bad by
the Cberokees with the Creeks, by way Of counter
acting the influence of Mcintosh In the Spring
and Autumn following the unsuccessful tempt to
treat with the Cberokees, Councils were held in
the Creek nation, at which law was passed, or
as stated by the Chiefs in Council 10 General
Gaines, q law originally passed on the OakmuIgee