Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-03-10

a
the interest of the Union, the interest Of a par.
| lcular State, and their own preservation"
From these considerations the Commute.
are brought to the conclusion that the properv
in, and Jurisdiction over the lands occupied b,
The Greeks within the State Of Georgia, are n,,
exclusively possessed by that State, but are sub
iect 10 the rights guaranteed to the Greeks, O,
reserved to the United States by the Cons,;,n
ton Of the United States, by the compsct #
| 800, by the provisions of law, or by treaty
Ii remains only TO ask, whether the oceupar.
CIV of the small portion Of lands now in con,ro.
versy is reserved to the Greek nation, and an
what right Georgia claims to survey it.
Georgia claims the right to survey it. un1s-
the treaty Of the Indian Springs, but the Com.
mit,ee are of opinion that no right nor till
could vest under that treaty, for The following
reasons, in brief:
First. That treaty was negotiated not oDv
contrary TO instructions, bu, OH basis express.
ly forbidden by The Executive, when previous.
iy submitted for his sanction.
Secondly The treaty at the Indian Spring,
was concluded by party OF the Creek Ration
not authorized by the Greek nation to rea,Et
the cession of any lands
Thirdly The treaty was concluded BY nj.
nori,y, not merely of the principal Chiefs Of
the nation, but by a minority Of the Chiefs pr.
sent, and without regard to The protest Of the
Head Chiefs, made by their representative, bo,h
before and at the moment of executing the ,re,
ty.
Fomthiy. Surprising the Commissioners a..
thorized, and the Chiefs empowered TO tres,
such authority and power could, in no circun.
stances, extend beyond cession Of the land,
occupied by the Chiefs treating, and those who
empowered them; whereas, by the treaty Of the
Indian Springs, a small party assumed to them.
selves the right to cede away nearly all the land,
occupied by the nation
Fiflhiy. If the Creek Nation was party 70
the Treaty Of the Indian Springs, then it his
been declared null and void by the two parties
to it, viz the United States and The Creek Ns.
ton; if the Creek Nation was not a party 10 l.
then it is no treaty at all for it purpor,s on its
face to be negotiated with the Greek Nation.
For these reasons, on which the COMMITTEE
are prevented for want of time from enarging,
they are Of opinion that, by a treaty like that cf
the Indian Springs, the Creek Nation could no,
be Invested of its right Of occupancy, nor Geor.
gia vested with right Of possession, and tia;
the lands West Of the new treaty line having
never been coded away, are reserved to the
Creek Indians by the treaty Of Washington,
and that the survey of them is contrary to law.
The Committee, however, are happy TO atd;
that the Inconvenience resulting from the cir.
cumstance is much less than was apprehended.
In letter Of Governor Troup, to Me.rs.
Cobb and Berrien, dated 4th May, 1926; it is
stated that, "unless all the sources of informa.
ton here shall prove erroneous and deceptive,
the State Off the validity of the new treaty be
has been defrauded Of one million Of
acres Of her best lands" But if the Western
boundary oil Georgia were run, according toa
rigorous construction Of the compact Of 1902,
II would pass in some points East of the Chat.
tahonchie, and thus give her boundary which
she might consider less advantageous than tn.
line drawn by the treaty Of Washington II
the Western boundary line be run accoldingo
The Interpretation put upon the compact by the
Commissioners Of Alabama, it would leave
Georgia less than she now claims. But grant.
ing the erpdrte line, run by the Georgia Com.
missloners, to be the true Western boundsT
Of the State, the quantity Of unceded lane, By
the only computation the Committee has SEN
IS 1862 acres, and that of poor quality, BE-
ing about one ninety-eighth part Of the lands,
the Indian title to which, the United States ia
1902, covenanted TO extnguIsh for Georgia, as
soon as 1t could be done reasonably and peace.
ably
he small quantity Of land in controversy,
and lis rifing value, render it probable, that
he Indians will agree to cede it. Inasmuch
As the quantity depends on the direction which
he line between Alabama and Georgia may
axe, 1t were to be wished that thi. line should
De frst run. 1t appears, however, that the E1.
'cutive, from an earnest desire TO meet the wish.
IS OF Georgia, has instructed the agent to urge
he Creeks to cession Of all the land East Of
he line, which Georgia has established for her.
'eif' The preliminary steps for this cession re.
lulre no appropriation; and the Commute
'eem il inexpedent; by now making an appro
'rla'ion for the final purchase, either to fix on
IN inadequate, or an unnece ssarily large sum.
1 Is the result Of the best view which the Com.
nittee nave been able to take OF the subject thsi
10 Legislation upon it is at this time necessary.
In conclusion, the Committee beg leayep
observe, that they have given 10 this impor,ant
subject all the time and attention they could
command, at this advanced stage ofthe session.
They have tel, how many great interests are
concerned in the subject. The bowers of the
Union, and the manner in which thew have been
e r ISks H. fta 4