New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-18
them and her citizens IN regard to the occupancy
II certain tracts and she desired b have " the In

the condition which bound TIE Unlttu SIdtes W CA
tinguish it ito all the other lands within the State
Of Georgia" There was no dispute IN regard TO
the occur ancy Of the Gsphin lands. These had been
settled and occupied by the whites. ard they had
remained undstuI bed for nearly thirty years when
the agre ement Of 1902 was made. The Indians ser
up no claim to them, bat they did with regard 70
other lands the oc 9pency Of which they ei,het re-
tanned or claimed; and these were the lanas wnlen
Georgia sought to have relieved. The hie Of oc-
eupancy was the Indian title, and it was tae '''e
Of occupancy which she conditioned sDoaid % ca
tinenished. .Ie
aTbe Intimate fee. encumbered with the right OF
Indian occupancy, was in the Crown previous "
the Revolution, and in the states o. me on,1n :sL
terwsrd and subject TO grant "-CtaTk vs. o"'1,H'
"a Ret Io5.-See also u s. Statutes al Ldrge-in
dan Traders H. .,.
.Indian possession or occupation was CONSIDERED
with reference to their habits, &c Ana t1er riSn5
were as much respected, until they aoannoned
SbeD, made cession % the uo7eFnnenl VI 40 az!
thorized sale 70 individuals. In either case their
,ohts became extinct, &C. Such was the tenure OF
IsSia lands by the lascs Of oil the original thirteen
etates. as well as Of Georgia" Cherokee NGtl9H
Vs. TIE State If Georgia, Peters.
The Lars of Georgia thus acknowledged no In
dan title to the Galphin lands. Then by what rea'
sonipg can we attach meaning % t6e phfraSse IN
TIE deed Of cesson Of 1902, which the lars 81 GeoT
ma herself denies To come directly to the case;
Had the Indians right in 1s45 TO have paid Ca
pbin and resumed pro tanto their title in the ands'
The stipulation Of 1902 was inserted by georgia
Hwas inserted for her own benefit and or Ins Pur-
poses of the case IL will be Admitted tns' ne
rhe,hey n was intended TO cover the dapmn
.ls;yn whether she held those lands by an In
A. ,,,le . within her meaning, as expressedln
a. .greemept of so2. What is her testimony
UnE pmly and constantly she has denied her own
Obligation for the debt, and when asked 70 recon-,
mend its payment to the Government OF the united
4 noh uyoe
ton Of the obligation of the United States toward
her. She was the party in interest-the obligation
WA due 10 her-she knew the title which she IN
tended TO describe and she denied its existence in
regard TO the lands encountered BY GalPhn's claim.
This alone disposes Of the case. Besides, the ooi-
cations on the part Of the United States existed as
between her and Georgia. They were the fruits
of stipulation entered into between two Indepen-
dent Governments from motives Of policy for the
benefit of each, and either party had night 70 re-
heve the other from all or any part OF the agree
uent To deny this, would be subverslve oil the
very end and objec. Of dovernment inalVnou i.
this respect its policy would no longer be within
in own control 1t would cease to be Govern
sent
That Georgia had undoubted right to annui
that particular stipulation, and release the Govern
mept of the United States from its fulfilment can
not be denied and her right 10 release it from any
part of that stipulation is equally clear. That she
;d yeIease IT, leven If we admit that the obligation
had existed) when ON formal application her LIE,
gislature refused TO acknowledge 1t as the duty oil
the Government OF the United states 10 pay the
debt, follows as consequence rom Wnicn We e ca.
see no escape. The various treaties by when tne
Indians ceded additional lands, and removed tneir
boundary line further from he original settlement
oftbe whites, of necessity included continuation
of their previous grants. A number oil trcates os
this sort were held subsequent to the LTea'y
Nh. hold ofH TX,
the Holsten at Philadelphia, and at various oener
places. : ,-oo a., croeL
Nation expressly "reease, quit claim, relinquisn
and cede, all the land to the northward and east
ward Of the boundary line herein described. n.
similar provision is TO be found In tDe irea'y VI
1899. made with the Cherokees. - :.
In the Treaty of Indian Springs, made In 1871, II
was agreed shat all the talks had upon the CLAIMS
together with all claims either side, o. chdte0eT
nature OF kind, prior TO the Act oil congress oi
1900 &c should be referred to the decision o the
President. &c. and "ihat the decision thus made
.honld be binding" And, in consideration OF two
bundled and fifty thousand dollars paid to the
State of Georgia, her Commoners released the
Creek Indians {" from every claim and clalm'' OF
sshoterer descyfptt0n nature or .sAid the Same may
be, which the citizens OF Georgia now have. or may
have had prior TO the year 1902, against the said
nation" And, in 1895, by the Treaty OF the indian
Springs the Creek Nation ceded "to the united
States all the lands lying within the boundaries OF
the state of GEORGIA, as defined by the compact
hereinbefore cited occupied by SAID Natlon, OF
10 which said Nation have tile or claim ms
completed the cesson Of Indian lands 50 'sr az Tue
Creek Nation was concerned within the bounda-
ries of Georgia and fulfilled the contract and dls.
charged the obligation imposed upon the united
States by the agreement Of 1902 And, by the
Treaty Of New EchOta in 1885, the Cnerokees olu
"cede, relnquish and convey to the Unl5el o.sSs
all the lands owned, claimed or possessed oy 'nein
east Of the Mississippi nver. mus no ihd.s ,
title remained in ais TO either OF these tribes WIN
in the limits of Georgia and, whatever tte may
have remained in the Gaphin lands, that tue Ger
tainly " as not in the Indians. But admitting lor
the argument, that Georgia took the lands Ia Pues
ton and held them by the Indian Tue loI 'io
poses of the trust:-that title was merged wnen
sbe male her grants. The misappllcauon oil the
.yoceeas aid not Affect the title. The grantees
wsrs not bound to zee that the State Of GeoEgia
maid Gelpbin's fen If he had one, nor could the
Zen have been epterced against them In contem'
plstion Of law, the grantees would nave 9o a,
enough when they relied ON the dignity OF tn9
State' II was time of war aud reVoiuton ahu
rhe Sovereign seized the fund and appropriated IL
The nnblic use. The necessities OF the state de
,ndea the destruction of the trust, and 1t leu De-
Gore her sovereignty. The lien oil Gaiphin vanish
ed. and whatever obligations her acuons may ns N
Imposed on Georgia, it was Tor Geo'g,a anu sIs
representatives. " oaiPnii "-S
leh no Indian title. A., o,.; .. La,
.sGslnh;n ras rot within the meaning OF tn'
ssrsemeut Of 1909. 1t is suggested, however ina
sSsrs i another point of view from which an ooIl
cation might accrue on the part Of the S onsrs
S.ssss 10 nav this debt The Attorney 5enets
Sssse, 49, ~ nrssent il He probably saw its weak
ssss Il IL supposed by some that as the lands !
.s.,;on were trust fund in the possession
Gsmeia. but which she by apPropnatng tnem nm
S"nrs;ss 10 the soldiers Of the Revolutionary wa
TsusSerred in point of fact to the Governmen' !,
the United States; and Galphin having t'su .r'
oar.ue this fund, the General Government becam
bound to pay bis claim.
I,;. hovever, essential to this conclusion tina
a. at should be frst established that the 6oyerr
.ssrt az the United States received the benens
~ S.sd Was this 500 AT the time OF the w a