Phenix Gazette

GEORGIA AND THE UNITED STATES.

House of Representatives, March 3, 1827.

The Select Committee, to which were referred
a Message of the President of the U. States,
of the 5th inst. with accompanying documents, and a Message of the 8th instant, with
accompanying documents: also, a Report and
Resolutions of the Legislature of Georgia,
with accompanying documents; also, a Joint Resolution to indemnify the Creek Indians for
the land lying between the Chattahoochie river and the dividing line between Georgia
and Alabama; also, a Message of the President, with accompanying documents, of 2d
March, have had those subjects under consideration, and beg leave to report as follows:

The civilized nations of Europe, who at different
periods, discovered and settled the various portions of the American continent, founded, principally, on the right of discovery, a claim to the
Sovereignty over the regions so discovered.
This claim of sovereignty does not appear, at
least in the claim of the English Government,
to have extended, in itself, beyond an exclusion
of the claims of other nations. The Committee
are not aware, that the English Government,
or its Representatives, the Colonial Governments, ever assumed, in virtue of this claim
of sovereignty, to exercise the powers of internal legislation over the persons who composed the various Indian tribes, within the regions to which the claim of sovereignty extended. These tribes were, on the contrary, considered and treated as separate, and, to a certain
degree, independent nations. A friendly intercourse with them was kept up by means of conferences and councils; boundaries, the right to
establish and maintain military posts, and occasionally the right of passage, were matters of
stipulation, by formal conventions, entered into
between the Crown or Colonies on the one hand,
and the Chiefs and Warriors of the tribes on
the other. When the provisions of these treaties were broken by the Indian tribes, or when,
in any other way, a state of hostility arose, wars
ensued, as between separate civilized countries,
and these wars were concluded by treaty.
No
doubt, in the most early periods of our history,
and in reference to the remnants of tribes,
which had ceased to have a separate existence,
transactions may have occurred, which imply a
different principle of action, on the part of the
British or Colonial Governments; but it is believed, that no attempt was ever made by those
Governments, or any of them, to incorporate
the Indian tribes into the body politic, or to carry the right of sovereignty farther, than to exclude the sovereignty of other free States, and
to regulate, at discretion, the intercourse with
the tribes thus subjected.

In like manner, the European Governments
claimed, in virtue of discovery, a right in the
soil, occupied by the Indian tribes. It is not
necessary, nor perhaps possible, to define the
precise extent to which this claim was carried,
in all instances. It is well known, however,
that it was a claim of a right of pre-emption residing in the Government: By various public
and legislative acts, individuals were disqualified from acquiring a title to Indian lands, by
direct purchase of the Indians; and the Government recognised a right of occupancy in the Indians, which it claimed to itself the exclusive
prerogative of extinguishing. This well known
fact has received the sanction of judicial decision, (8th Wheaton,) in the case of Johnson and
Graham's Lessees vs. McIntosh. Such was
the state of things before the Revolution.

In the event of the war of Independence, the
rights of the British Government devolved upon the United States. But a grave question arose, whether, in reference to the Indian tribes
within the limits of any State, the right of exclusive sovereignty and exclusive pre-emption,
formally vested in the Crown, passed, in virtue
of the Declaration of Independence, to the Confederation of States, or to the individual States,
respectively, within the limits of which each
tribe was situated. On the one hand, it was
contended, that the right to the unoccupied
lands, and, what was considered the same thing,
the lands occupied by the Indians, having originally resided in that Government, which was
common to all the Colonies, and having been
conquered from that Government, at the joint
expense and efforts of all the Colonies, passed
to the Confederation; on the other hand, it was
urged, that each state, becoming independent,
succeeded, within its 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 under the Confederation, they formed
the subject of some of the most embarrassing
questions, which were presented to the consideration of the Continental Congress.

The difficulties thus arising were of too great
magnitude to be settled, by any positive decision in favor of either party. They were practically obviated, by successive acts of cession,
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; nor did
Congress, in accepting these cessions, admit
that, without them, the Confederacy would have
possessed no title to the unoccupied lands.
It was a settlement by 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 to unoccupied land on her Western frontier, which did not, either before or shortly after the adoption of the Federal Constitution,
make such a cession to the United States. Resolutions were repeatedly adopted by the old
Congress, recommending to her a cession, on
the same principles on which the cessions of
the other States, and particularly Virginia, had
been made. In the year 1788, Georgia offered
to Congress a cession of land, commencing on
the Chattahoochie river, at her Southern boundary, running up that river one hundred and
fifty miles, thence, due West to the Mississippi—a tract comprehending the lower half of
the present States of Alabama and Mississippi.
Several conditions were attached to this cession, among others that of a guarantee to Georgia of all the remainder of the unoccupied lands
which she claimed to the West. These conditions were not satisfactory to Congress, and
the cession was not accepted.

In 1795 the Legislature of Georgia proceeded to make extensive sales of the unoccupied
lands on her Western frontier. Great embarrassments arose, relative to the titles acquired
under these sales; and at length, in 1802, a 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 United
States ceded to Georgia all the claim, right,
and title, of the United States, to the jurisdiction and soil of the territory East of the said
line; assuming, at the same time, the obligation of extinguishing the Indian title to all the lands
East of the said line, as soon as it could be
done "peaceably and on reasonable terms."—
These articles of cession were concluded between the Commissioners of the United States
and those of Georgia, on the 24th April, 1802.
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 19,578,890 acres.

In pursuance of the compact of 1802, and
but a few months after its conclusion, a treaty
was made between the United States and the
Creeks, by which a portion of land was ceded
by the Indians, and a still larger portion, by
another treaty, concluded in 1805. By these
two treaties, there were ceded to the United
States, for the benefit of Georgia, 2,713,890
acres of land.

In the course of the late war, a part of the
Creeks were excited to hostilities against the
United States. Having been vanquished by the
valor and conduct of General Jackson and his
troops, a treaty was concluded, by which a considerable cession of lands was made to Georgia, and the integrity of all their remaining lands
was guaranteed to the Creeks. By a treaty concluded in 1818, another cession was made of
two large tracts of land; and, by a treaty of
1821, yet another cession was made, by which
the Flint and the Chattahoochie became the
Eastern boundary of the Creeks. By the three
last mentioned cessions, 11,735,590 acres of
land were acquired by Georgia, making, together with those obtained, under the two first
cessions, an aggregate of 14,748,690 acres, being about two-thirds of all the lands possessed
by the Creeks, in the State of Georgia, at the
date of the Convention of 1802. At the same
date, the Cherokees were in possession of 7,
152,110 acres of land, within the chartered and
conventional limits of the State of Georgia—
Two treaties have been held by the U. States
with the Cherokees, in pursuance of the compact of 1802, by which 995,310 acres of land
have been acquired to Georgia.

In 1822, a sum of $30,000 was appropriated,
to defray the expense of holding further treaties with the Creeks and Cherokees, for the purpose of fulfilling the compact with Georgia;
and a treaty having been concluded with the
Creeks the preceding year, it was deemed expedient, by the President, to make the next effort with the Cherokees. This was accordingly
done, by the appointment of Messrs. D. G.
Campbell and James Meriwether, as Commissioners, on the part of the United States.—
They repaired to the Cherokee country, in October, 1823, and, after strenuous efforts to prevail on the Cherokees to enter into a treaty of
cession, they received a positive refusal. The
objections made by the Cherokees appear to
have arisen from exaggerated accounts of the
hardships endured by their countrymen, who
had emigrated beyond the Mississippi, from
their advancement in the arts of civilized life,
and the consequently increased value which they
set upon their lands.

It appears that the Cherokees, in order to
fortify themselves in their resolution to withhold all further cessions, sought to engage the
co-operation in the same policy of their less civilized neighbors, the Creeks. Overtures made
to the Cherokees by McIntosh, who was allied
to them by marriage, in order to persuade the
Cherokees to a cession, were rejected, and communications were had by the Cherokees with
the Creeks, by way of counteracting the influence of McIntosh. In the Spring and Autumn
following, the unsuccessful attempt to treat
with the Cherokees, Councils were held in the
Creek nation, at which a law was passed, or, as
stated by the Chiefs in Council to General
Gaines, a law originally passed on the Oakmulgee was revived, making it capital for any person in authority among the Creeks, to cede away
their lands without the consent of the nation.
This law, as enacted or revived, was published
at the time in a newspaper in Alabama.

Such was the state of things when, on the 1st
of December, 1824, the same gentlemen, authorized as United States' Commissioners, and
in pursuance of the same object, met the Chiefs
of the Creek nation at Thle-cath-cha, or Broken
Arrow, the seat of the National Council of the
Creeks. At this Council, the same refusal was
given by the Creeks as had been before received from the Cherokees. "So long," says Colonel Campbell, in his letter to the Secretary of
War of 5th January, 1825, "as the negotiation
was conducted with the Council generally, no
answer was received, other than a prompt rejection of every proposition that was submitted." McIntosh acted at first as Speaker of
the Nation, in giving these talks, and joined
the other Chiefs in Council in refusing to cede.
The Commissioners represent, however, that
they ascertained that the wishes of a large majority of the Chiefs within the Georgia limits,
with McIntosh at their head, were in favor of
the cession; and they state that a treaty could
have been obtained, signed by a full representation of Chiefs from all the towns within the limits of Georgia. Not feeling authorized to
conclude a treaty with a portion of the Chiefs,
the Commissioners adjourned the Council on
the 18th December; and Colonel Campbell was
appointed to repair to Washington, to endeavor
to procure from the President permission "to
convene the Chiefs within the limits of Georgia, to negotiate with them exclusively, if thought
proper, or inclusive of a deputation of Chiefs
from the upper towns, if such a deputation
should present themselves, and evince a desire
to negotiate to a further extent."

On the arrival of Mr. Campbell, he addressed a letter to the Secretary of War, asking the
sanction of the President for a treaty "to be
signed by the Chiefs within the limits of Georgia, provided such treaty be accompanied by
the assent of the other Chiefs, that the land to
be abandoned by the emigrating party, shall be
immediately subject to the disposition of the
Government."

To this proposal, the President, Mr. Monroe,
declined acceding, but authorized a renewal of
negotiations with the whole nation (See document No. 72, p. 38, vol. 4, 2d session, 18th
Congress). A meeting of the Chiefs was accordingly summoned for the 7th February, at
Indian Springs, within the limits of Georgia.
On the 10th of the month, the Commissioners
met the Chiefs and Warriors, and explained
their object. On the evening of the same day
the Commissioners held a separate council
with a part of the Chiefs and Warriors of nine
of the towns, chiefly within the limits of Georgia. On the morning of the 11th, at the public
council, O-po-thle-yo-ho-lo, the speaker of the
nation, (McIntosh having been deprived of that
office at the Broken Arrow,) replied to the talk
of the Commissioners, on behalf of Big Warrior, the head Chief of the nation, and told them
that no treaty could then be made for the cession of lands, and invited the Commissioners to
a meeting at Broken Arrow, to be held three
months afterwards, at the expense of the nation. He declared this to be the only answer
he was authorized to give, and that he should
go home the next day. On the following night,
the Chiefs and Warriors of the Cusse tas and
Soowoo galoos left their encampment, and went
home, by orders of the Big Warrior, communicated by Opothleyoholo, as is stated by the
latter. On the 12th, a treaty was signed with
the McIntosh party. During its execution, (O.
pothleyoholo repeated his protest on the part
of the Big Warrior, and, according to the
statement of Hambly, the interpreter, warned
McIntosh of his danger in breaking the law.

A large number of signatures is appended to
the Treaty; but it is alleged, both by the National Council convened the following Autumn
and by the Indian Agent, in a letter written the
day after the signature of the Treaty, that they
are, with the exception of McIntosh, and perhaps two others, Chiefs of low rank, or not
Chiefs at all. McIntosh himself is stated to
have been but the fifth in rank in the Nation.
Among the documents accompanying the report, will be found a list of Chiefs present, who
refused to sign; a list of such of the signers as
are Chiefs; and a description of all the other
signers, made in public Council, by the Head
Chiefs of the Nation. It is apprehended by
the Committee, that the inspection of these
documents can leave no doubt that the Treaty
was signed not merely by a small and unauthorized party of the Creek Nation, but by a minority of the Chiefs who attended the Council.
Had the McIntosh party approached even to a
moiety of the Nation, the circumstance that
they acted in compliance with the earnest wishes of the United States, and of its Commissioners, and that they were sure to receive the countenance of the whole neighboring population of
Georgia, would have given them the ascendancy, in any conflict with the other portion of the
Nation, the reverse of which is known to be the
case.

On the day following the signature of the
Treaty, Col. Crowell, the Agent, addressed a
letter to the Secretary of War, as follows:

"INDIAN SPRINGS, February 13, 1825.

"The Hon. John C. Calhoun, Secretary of War
Sir: In compliance with instructions received from Col. Campbell, while in Washington
City, I notified the Chiefs of this Nation to
meet the United States' Commissioners at this
place on the 7th instant, for the purpose of
treating with them for their lands.

Your letter of the 18th, enclosing a copy of
the instructions to the Commissioners, did not
reach me until the 6th. On the arrival of the
Commissioners, I informed them I was ready
to obey their orders on all points touching the
negotiation, and cheerfully co-operate with them
in effecting the object of their mission.

Yesterday a Treaty was signed by McIntosh
and his party alone. Being fully convinced
that this Treaty is in direct opposition to the
letter and spirit of the instructions, which I
have a copy of, I feel it to be my bounden duty,
as the Agent of the Government, to apprise you
of it, that you may adopt such measures as you
may deem expedient, as to the ratification; for,
if ratified, it may produce a horrid state of
things among these unfortunate Indians. It is
proper to remark, that, with the exception of
McIntosh, and perhaps two others, the signatures to this Treaty are either Chiefs of low
grade, or not Chiefs at all; which you can perceive by comparing them to those of other
Treaties, and to the receipts for the annuity; and
these signers are from eight towns only, when
there are fifty-six in the Nation.

I beg you to be assured that I pursued,
strictly, your instructions in relation to this negotiation; and although the Treaty has not been
made in conformity with the instructions of
which I have been furnished, yet I think it can
be, at no distant day, to the entire satisfaction
of the Government." I have made these hasty
remarks from conviction of duty, to apprise you
of the manner in which it was accomplished; and
if it be thought necessary, I can give you all the
particulars pending the negotiation. A deputa-
tion of Head Chiefs are desirous of visiting
Washington; to have a full and fair understanding relative to

I have the honor to be, your obedient servant,
JOHN CROWELL
Agent for Indian Affairs."

Shortly after the writing of this letter, the Agent repaired in person to Washington. After
his departure, and on the 23d of the month, a
Council of the Creek Nation was held at Broken Arrow, in which a protest against the
Treaty of the Indian Springs was adopted, and
the lists above alluded to were prepared. These
documents however, did not reach Washington
till after the ratification of the Treaty.

The Treaty, meantime, was expedited to
Washington. The President of the United
States, then about to retire, in a few days, from
office, referred the Treaty to the Senate, with
the letter of the Indian Agent above alluded to.
It is out of the power of this Committee, and
not within their province, to assign the reasons
which prevented the Senate from being influenced by the representations made by the Agent,
as to the mode in which the Treaty had been
effected. No testimony, within the knowledge
of the Committee, had arrived from the Creek
Nation, to corroborate his statements; and, on
the 3d of March, the last day of the constitutional existence of the then organized Senate,
the advice and consent of that body were given
to its ratification. It was accordingly ratified
by the President on the 7th of March, under
the unsuspecting impression that the Treaty
was negotiated in good faith, with competent
parties. On the next day, the protest of the
Chiefs assembled in Council at Broken Arrow,
and the documents accompanying it, were received at Washington, by the Agent, and submitted to the Department of War.

General McIntosh, after signing the Treaty,
does not appear to have remained at home. A
few days after the signature of the Treaty, he
repaired, in company with Etome Tustunuggee
and other Chiefs, to Milledgeville, and, as appears from an extract from the Executive Journal, published among the documents submitted to the Committee, received an audience
from the Governor of Georgia, in the Executive chamber. They stated, among other things,
their apprehensions of hostility from the part
of the nation opposed to the Treaty, and invoked the protection of the United States and of
Georgia. This protection was promised them
on the part of Georgia, by the Governor, who
also intimated to them, that, "in the business
of the treaty, the President could not but consider it the act of the nation, provided the whole
country was ceded; that what ought to be considered the act of the nation would still be a
question; that the Government might be quite
well-disposed to consider the act of McIntosh
and his friends as such a one."

The day after this audience, a letter was
written to Gov. Troup by four of the Chiefs of
the McIntosh party and by Chilly McIntosh, in
which they alluded to the existence of the law
above mentioned, passed at Pole Cat Springs,
(denying, however, its obligation,) stating that
"this law was passed to prevent McIntosh from
selling lands;" expressing their fears that attempts would be made to put it into execution,
and acceding to a proposal which appears to
have been made by the Governor, that a messenger should be sent by the Governor, to those
opposed to the treaty, warning them against any act of violence. Accordingly, on the 26th
inst. Colonel H. G. Lamar, the Aid of the Governor of Georgia, was despatched with a talk
to the Chiefs and Headmen of Cussetau and
Took-au-batchee, the former being the town of
the Little Prince, who succeeded Big Warrior
as the Head Chief of the whole Creek Nation
and the latter, the town of Opothleyoholo, the
Speaker of the Nation. Colonel Lamar met
the Chiefs of these towns in separate Councils
held in each. Either, at this time, and while
they had not heard of the ratification of the
treaty, and the consent given by McIntosh to
survey the lands, they entertained no designs of
violence against McIntosh, or they chose to
deceive Col. Lamar as to their intentions; or,
finally, the talk of the Little Prince was misunderstood by Col. Lamar; which is stated by
Hambly, who interpreted between them, to have
been the case. He returned perfectly satisfied
with their state of feeling, on the subject of the
treaty, and expressed the opinion, that when
the ratification of the treaty was known, they
would acquiesce.

During the absence of Col. Lamar, Chilly
McIntosh, on his way back to his home, was
met by Col. Miller, and another Chief of the
same party, at Flint River, who informed him
that they had been driven off by those opposed
to the treaty, and that vengeance was threatened against the Chiefs who signed it. This affair was, however, represented to Col. Lamar
by the Little Prince, as having sprung from
some trifling cause, and was supposed by Col.
Lamar to have been designed, by creating
alarm, to prevent the ratification of the treaty,
but not as threatening opposition, should the
treaty be ratified.

On the 21st of March, Governor Troup issued his proclamation, announcing the ratification of the treaty. On the 29th he addressed a
letter to McIntosh, requesting his permission
to survey the territory ceded by the treaty. On
the 6th of April, McIntosh answered the Governor that the Chiefs (meaning those of his
party) would convene on the 10th, and that he
would submit to them the proposal to survey
the land. On the 12th of April, the consent of
McIntosh and his party to the survey was given
in a letter to the Governor, in the following
terms: "Some differences existing between the
present agent of the Creek nation and myself,
and not having any confidence in his advice,
have determined to act according to the dictates of my best judgment, which results in the determination to agree to the request of your Excellency, in giving my consent, and in behalf of
the nation who signed the treaty, their consent,
that the land lately ceded to the United States
at the Indian Springs, may be run off and surveyed whenever you may, or the General Government, think proper to do so.

"If the General Government of the U. States
have no objection, and the agent of the Creek
nation, with the party he influences, does not
make any objection or opposition to running
and surveying the land, myself, and the Chiefs
and Indians who were in favor of the late treaty
do not object. We give our consent."

In consequence of the conditional nature of
this assent to the survey, the following letter
was, on the 18th of April, written by Governor
Troup to General McIntosh:

"MILLEDGEVILLE, 18th April, 1825.

Dear General: In one of your late letters you
say something about the consent of the United
States, or if the agent and hostiles do not make
opposition. Pray explain to me your meaning.
We have nothing to do with the United States,
or the agent, or the hostiles, in this matter; all
we want is the consent of the friendly Indians
who made the treaty. If we wanted the consent of the United States, we could ask it.

"Your friend,
G. M. TROUP."

Without, however, waiting for an answer to
this letter, and on the same day on which it was
written, Governor Troup issued his proclamation, stating that "the assent of the Indians had
been obtained to the running and survey of the
country," and calling the legislature together
to take the proper measures for those objects.

To the above letter McIntosh replied in the
following manner.

"CREEK NATION, 25th April, 1825.

Dear Sir: I received your Excellency's request yesterday, dated the 18th inst. and hereby
state to you that my only meaning was not in
act contrary to stipulations made between our
Nation and the United States Government; and
we do hereby absolutely, freely, and fully, give
our consent to the State of Georgia, to have the
boundary belonging to said State surveyed, at
any time the Legislature of Georgia may think
proper, which was ceded at the late treaty of
the Indian Springs. Signed in behalf of the
Nation, and by the consent of the Chiefs of the
same.

I have the honor to be, with great esteem,
yours, respectfully,
WILLIAM M'INTOSH.

It is here necessary to observe, that McIntosh, in addition to the license assumed, in this
letter, of speaking in behalf of the Creek Nation, of which his party formed but a small minority, appears to have been guilty of deception,
in reference to the views of that party. At a
Council with them, held by General Gaines, the
General was informed that McIntosh never consulted them on the survey, and that they never
gave their consent.

It may here be proper to endeavor to ascertain more particularly, the relative strength of
the two parties, as far as existing data enable
it to be done. By the documents forwarded
from the Council, held on the 23d February, it
appears that the Chiefs who signed the treaty
were from the following five towns: Coweta,
Broken Arrow, New Yauco, Sand Town, Hichitee. But it is to be observed, that the Chiefs from Broken Arrow could have had no authority to sign on behalf of that town: for the representatives of the Head Chief of that town; and
one of the principal Chiefs of the Nation, was
present, and refused to sign. From a document prepared in Council of the Creek Nation
it appears, that of the fifty-two individuals who
signed the treaty of the Indian Springs, McIntosh was the only Head Chief, he being the fifth
in rank in the Nation; that five were Chiefs of
inferior degree, and these six all of one town,
Coweta; that twenty six were officers called Law-menders, or Law-makers; but not Chiefs; fourteen were broken Chiefs; four Indians possessing no rank whatever, and two persons wholly unknown to the Council of the Creek Nation.
These individuals were exclusively from eight
towns, out of fifty-six, of which the Nation is
said to consist. The son of the Big Warrior,
and the son of the Little Prince were both at
the Indian Springs, and refused to sign. The
nephew and representative of the Chief fourth
in rank, Hopoy Hadjo, was present, and refused to sign. William Barnard, the principal Chief of the Uchees, refused to sign. John Stidham,
a principal Chief of the Lower Towns, Opothleyoholo, Chief of the Tookaubatchees, with other leading Chiefs, forming altogether, it is
conceived, a representation of a large majority
of the Nation, were present, and refused to sign.

On the day after the death of McIntosh, General Ware represents it as the opinion of one of
the Chiefs who signed the treaty that the party
opposed to it numbered four thousand warriors,
the party friendly not more than five hundred,
the former having been increased "by numbers
long cloaked under the garb of friendship,"
who, since the death of McIntosh, joined the
hostile party. The Indians of the treaty-making party, who received rations in Georgia, did
not exceed about four hundred, men, women,
and children, although it appears, from some of
the documents submitted, that efforts were
made to increase the number.

The intelligence of the Proclamation of the
Governor of Georgia, relative to the survey,
reached the Chiefs of the Nation assembled to
receive their annuity, and seemed, says the Agent, in a letter to the Secretary of War, 27th
April, 1825, to add to their melancholy and
distress. They denied that their consent to the
survey had ever been asked or given; and those
residing in the ceded territory particularly requested the Agent to make to the Secretary of
War their decided objection to the surveying
of the lands, until they could remove from them.
They also asked permission to send a deputa-
tion to Washington the following Winter, for
the purpose of understanding the views of the
Government relative to their future prospects.

It was at this period, probably in consequence
of the news received of the ratification, and the
projected survey, that, in obedience to the orders of the Little Prince, as Head Chief of the
Nation, direction was given to a certain number of those filling the office of law-menders, to
take the life of McIntosh, and two other Chiefs
of Coweta, in punishment for the violation of
the law of the Nation. This was effected on
the morning of the 30th of April, by a party of
Indians residing in the ceded territory, who destroyed the lives, burned the dwellings, and
plundered the property, of the Chiefs. The tidings of this tragical occurrence were communicated to the President of the United States by
the Governor of Georgia, in a letter of May 3d;
and two days after, orders are issued by the
Governor to the Major Generals of the 5th, 6th
and 7th Divisions of the Militia of Georgia, to
hold their Divisions ready, to march at a moment's warning, in case "the United States,
bound by the Constitution and the Treaty to
repress and punish hostility among the Indians, and maintain peace" on the borders
of Georgia, should, by any means, fail of their
duty in those respects. On the same day,
the Secretary of War was informed by Governor Troup of the measures which had been adopted for defence and protection. "until the
authority of the United States could be effectually interposed for those purposes." A deputa-
tion, consisting of Chilly McIntosh and others,
of the same party, also hastened to Washington.
letters to the Department of War, soliciting protection and revenge, and the interference of the
Warriors opposed to the Treaty, and preferring
charges against the Agent.
Thus was the interference of the General Go-
vernment invoked, by all parties, to this affair
—by the Governor of Georgia, by the McIn
tosh party, and by the head Chiefs of the Creek
Nation. The despatches from Gov Troup
were received at the Department of War on the
15th and 17th of May, and on the 18th orders
were sent to General Gaines, then in or near
Georgia, to repair to Milledgeville, "for the
purpose of consulting with Governor Troup on
the measures proper to be adopted in reference
to the actual posture of affairs, on his arrival,"
and, if necessary, to call out the militia of Geor-
gia in defence of the frontier, then supposed to
be threatened with invasion. In consequence
also of the charges made against the Creek
Agent, by the Governor of Georgia, and by the
deputation of the McIntosh party, Major T. P.
Andrews was despatched on the 20th of May
as a Special Agent, to inquire into these char-
ges.
[To be concluded in our next.]