Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-17


treaty or compact with you. These privileges
have passed away, and your intercourse is res
stricted exclusively to the TASTED States" In
letter dated March 10, 1924. addressed by the
Georgia delegation OF Senators and Representa-
tves to the Secretary of War, the Committee un-
derstand the delegation to say that the Cherokees
are to be viewed IS other Indians, as persons
suffered TO reside within the Territorial limits Of
the United States. and subject to every restraint
sohich the policy and PoDer ofthe General Go
rsTnmenf require to be imposed on them, for the
interest of the Union, the interest of particular
state, and their own preservation
From these considerations the Committee are
brought to the conclusion that the property in,
and jurisdiction over the lands occupied by the
Creeks within the State of Georgia, are MOI ex-
clusively possessed by that State, but are subec,
TO the rights guaranteed 10 the Creeks, or re-
served to the United States by the Constitution
OF the United States, by the compac, OF 1902,
by the provisions of law, or by treaty.
II remains only to ask, whether the occupancy
oil the small portion OF lands now in controversy
isTeserved 10 the Creek nation, anI on what RICH,
Georgia claims to survey it.
Georgia claims the right to survey it, under the
treaty OF the Indian Springs but the Committed are
OF opinion that no right nor title could vest under
that treaty, Tor the following reasNns, in brief:
FIRST That treaty was negotiated not only
contrary to instructions, but on basis expressly
forbidden by the Executive, when previously sub
y United Tor MS sanction.
Secondly. The treaty at tho Indian Springs
was concluded by party of the Creek nation, not
authorized by the Creek nation to treat .,r the ces-
sion Of any lands.
Thirdly. The treaty was concluded by a mi
nority. not merely of the principal Chiefs of the
nation, but BY a minority of the Chiefs present,
and without regard to the protest of the Head
Chiefs, made by their representative, both before
and at the moment Of executing the treaty.
FouTfhiy. Surprising the Commissioners au-
thorized, and the Chiefs empowered to treat, uch
authority and power could, in no circumst ances
extend beyond cession of the lands occupied by
the Chiefs treating, and those who empowefed
them; whereas, by the treaty Of the Indian Springs,
small party assumed to themselves the right to
cede away nearly all the lands occupied by the
nation.
Filthy. II the Creek nation was party TO
the treaty OF the Indian Springs, then il has been
declared null and void by the two parties TO il.
viz. : ths United State, and The Creek nation il
the Greek nation was not party to it, then it is
treaty al ALL for it purports On it's face TO be me-
gotiated with the Creek nation.
u For these reasons, on which the Committee are
prevented Tor want of time from charging thew
are OF opinion that, by treaty like that of the
Indian Springs, the Geek nation could not be di
vested OF right Of occupancy. ncr Georgia vest
ed with right OF possession, and that the lands
West OF the new treaty line having never been
ceded 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 add.
that the Inconvenience resulting from this circum
stance is much less than wa. apprehended
In letter of Governor Troup, to Messrs
Cobb and Berrien, dated 4th May, 1926. il ia sta.
ted that, I" unless all the sources of information
here shall prove erroneous and deceptive the State
(if the validity Of the treaty be ADMITTEDLY
has been 1efrsudei of one million of acres of her
best lands" But if the Western Boundary of
Georgia were run, according to rigorous con-
slruction of the compact of 1902 il would mas i,
some points East of the Charlottesville. and thus
give her boundary which she might consJ.,
.ess advantageous than the line drawn BY the tres
~ of Washington. 1.-THE Western boundary line
De run according TO the Interpretation put upon
tie compact by the Commissioners of Alabama. !,
would leave Georgia less than she now claims
Bat granting the er Pirte line, by the (eorpia
Commissioners,ro be the true Western boundary of
the State, the quantity of unceded land, by the on
IL computation the Committee has seen is los GAO
acres, and that OF poor quality, being about on
ninety eighth part OF The lands The Indian title 70
which, the United States, in 1902. covenanred 10
exnguish for Georgia, RS soon as it could he done
reasonably and peaceably.
The small quantity of land in controversy. and
lis triaing value, render it probable, Tat the Ind
ans will agree to cede it. Inasrnuch az the ouan
tity depends on the direction which the lin. he
tween a Alabama and Georgia may take i, ,ye,a 70
be wished that this line should be first run. II an
pears however, that the Executive from an e,rnss,
desire TO meet the wishes OF Georgia has instruct.
ed the agent to urge the Creeks to a cession of al,
the lands East of 'be line, which Georgia has 90.
tablished for herself. The preliminary stems fo
this cession require no appropriation; and the
Committee deem IT inexpedIent, by nov making
an appropriation tor the final purchase either 10
TX on an Inadequate, or an unnecessarily large sum
IL ia he esItf ,,ft best yia
tee have been able to take of the subject, that no
legislation upon it is at this lime necessary
In conclusion, the Committee beg leave 70 oh.
serve, that they have given to this imporan, subj
ject all the time and attention they could com
fnand, at this advanced stage Of the session Tbev
have felt how many great interests are concerned
in The subject. The powers of the Union, and the
manner in which they have been exercissJ: tho
rights and interests OF sovereign State, and the
protection due from the strong and the prosnerous
to the feeble remnant of once Formidable rare
Notwithstanding the collisions of opinion. which
can rarely be avoided where such interests are in
voved, the Committee think it may with ,,stic. n.
averred, that, IN the general result while The Con
stitutional powers of the United States have h.a
asserted, the great objects desired by Geors;, b,vo
been attained, and the public sentiment of tho
world has not been dsregarded, which require.
tenderness and moderation, in disposing of the
rights of those, whom Providence has n1..sd
without the means OF resistance, at our discre,on
Such are views which the Committee had n,s
pared themselves to submit to the House ~,
the message and accompanying documents yes,er.
day referred TO the Committee, it appears Gfthe
Governor ofGeorgia correctly represents the o,bs,
authorities and People Of the Stste) that the pros.