[Senate Doc. 222, 18th congress, 2nd session]
[American State Papers, p.563-571]
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COMMUNICATED TO THE SENATE, FEBRUARY 28, 1825.
WASHINGTON, February 28, 1825.
To the Senate of the United States:
I transmit to the Senate, for the exercise of its constitutional power, a treaty lately concluded at the Indian Springs by commissioners of the United States, duly authorized, with the chiefs of the Creek nation assembled there in council, with the documents connected therewith.
JAMES MONROE.
TREATY WITH THE CREEKS.
Articles of a convention entered into and concluded at the Indian Springs, between Duncan G. Campbell and James Merriwether, commissioners on the part of the United States of America, duly authorized, and the chiefs of the Creek nation in council assembled.
Whereas, the said commissioners on the part of the United States have represented to the said Creek nation that it is the policy and earnest wish of the General Government that the several Indian tribes, within the limits of any of the States of the Union, should remove to territory to be designated on the west side of the Mississippi river, as well for the better protection and security of said tribes and their improvement in civilization, as for the purpose of enabling the United States, in this instance, to comply with the compact entered into with the State of Georgia, on the twenty-fourth day of April, in the year one thousand eight hundred and two: and the said commissioners having laid the late message of the President of the United States upon the subject before a General Council of said Creek nation, to the end that their removal might be effected upon terms advantageous to both parties:
And whereas the chiefs of the Creek towns have assented to the reasonableness of said proposition, and expressed a willingness to emigrate beyond the Mississippi, those of Tuckabatchee excepted: These presents, therefore, witness that the contracting parties have this day entered into the following convention:
ARTICLE 1. The Creek nation cede to the United States all the lands lying within the boundaries of the State of Georgia, as defined by the compact hereinbefore cited, now occupied by said nation, or to which said nation have title or claim; and, also, all other lands which they now occupy, or to which they have title or claim, lying north and west of a line to be run from the first principal falls upon the Chattahoochie river, above Coweta town, to Ocfuskee Old Town, upon the Tallapoosa; thence to the falls of the Coosa river, at or near a place called the Hickory Ground.
ART. 2. It is further agreed between the contracting parties, that the United States will give, in exchange for the lands hereby acquired, the like quantity, acre for acre, westward of the Mississippi, on the Arkansas river, commencing at the mouth of the Canadian fork thereof, and running westward between the said rivers Arkansas and Canadian fork for quantity. But whereas said Creek nation have considerable improvements within the limits of the territory hereby ceded, and will, moreover, have to incur expenses in their removal, it is further stipulated that, for the purpose of rendering a fair equivalent for the losses and inconveniences which said nation will sustain by removal, and to enable them to obtain supplies in their new settlement, the United States agree to pay to the nation emigrating from the lands herein ceded the sum of four hundred thousand dollars; of which amount there shall be paid to said party of the second part, as soon as practicable after the ratification of this treaty, the sum of two hundred thousand dollars. And as soon as the said party of the second part shall notify the Government of the United States of their readiness to commence their removal, there shall be paid the further sum of one hundred thousand dollars. And the first year after said emigrating party shall have settled in their new country, they shall receive, of the amount first above named, the further sum of twenty-five thousand dollars; and the second year, the sum of twenty-five thousand dollars; and annually thereafter, the sum of five thousand dollars, until the whole is paid.
ART. 3. And whereas the Creek nation are now entitled to annuities of thirty thousand dollars each, in consideration of cessions of territory heretofore made, it is further stipulated that said last mentioned annuities are to be hereafter divided in a just proportion between the party emigrating and those that may remain.
ART. 4. It is further stipulated that a deputation from the said parties of the second part may be sent out to explore the territory herein offered them in exchange; and if the same be not acceptable to them, then they may select any other territory west of the Mississippi on Red, Canadian, Arkansas, or Missouri rivers, the territory occupied by the Cherokees and Choctaws excepted; and if the territory so to be selected shall be in the occupancy of other Indian tribes, then the United States will extinguish the title of such occupants for the benefit of said emigrants.
ART. 5. It is further stipulated, at the particular request of the said parties of the second part, that the payment and disbursement of the first sum herein provided for shall be made by the present commissioners negotiating this treaty.
ART. 6. It is further stipulated, that the payments appointed to be made the first and second years after settlement in the west shall be either in money, merchandise, or provisions, at the option of the emigrating party.
ART. 7. The United States agree to provide and support a blacksmith and wheelwright for the said party of the second part, and give them instruction in agriculture, as long, and in such manner, as the President may think proper.
ART. 8. Whereas the said emigrating party cannot prepare for immediate removal, the United States stipulate for their protection against the encroachments, hostilities, and impositions of the whites and of all others; but the period of removal shall not extend beyond the first day of September, in the year one thousand eight hundred and twenty-six.
ART. 9. This treaty shall be obligatory on the contracting parties so soon as the same shall be ratified by the President of the United States, by and with the consent of the Senate thereof.
In testimony whereof, the commissioners aforesaid, and the chiefs and headmen of the Creek nation, have hereunto set their hands and seals, this twelfth day of February, in the year of our Lord one thousand eight hundred and twenty-five.
DUNCAN G. CAMPBELL, [L. S.]
JAMES MERRIWETHER, [L. S.]
Commissioners on the part of the United States.
WILLIAM MCINTOSH,
Head Chief of Cowetas.
[Signed, also, by the chiefs and headmen of the Creek nation.]
Whereas the foregoing articles of convention have been concluded between the parties thereto: and whereas the Indian chief, General William Mcintosh, claims title to the Indian Spring reservation (upon which there are very extensive buildings and improvements) by virtue of a relinquishment to said Mcintosh, signed in full council of the nation: and whereas the said General William McIntosh hath claim to another reservation of land on the Ocmulgee river, and, by his lessee and tenant, is in possession thereof:
Now these presents further witness, that the said General William McIntosh, and also the chiefs of the Creek nation in council assembled, do quit claim, convey, and cede to the United States the reservations aforesaid, for and in consideration of the sum of twenty-five thousand dollars, to be paid at the time and in the manner ns stipulated for the first installment provided for in the preceding treaty. Upon the ratification of these articles, the possession of said reservations shall be considered as passing to the United States, and the accruing rents of the present year shall pass also.
In testimony whereof, the said commissioners on the part of the United States, and the said William McIntosh and the chiefs of the Creek nation, have hereunto set their hands and seals, at the Indian Springs, this fourteenth day of February, in the year of our Lord one thousand eight hundred and twenty-five.
DUNCAN G. CAMPBELL, [L. S.]
JAMES MERRIWETHER, [L. S.]
U. S. Commissioners.
WILLIAM MCINTOSH. [L. S.]
ETOMME TUSTUNNUGGEE, his x mark. [L. S.]
TUSKEGOH TUSTUNNUGGEE, his x mark. [L. S.]
COWETA TUSTUNNUGGEE, his x mark. [L. S.]
COLONEL WM. MILLER, his X mark. [L. S.]
JOSIAH GRAY, his X mark. [L. S.]
NEHATHLUCCO HATCHEE, his X mark. [L. S.]
ALEXANDER LASLEY, his X mark. [L. S.]
WILLIAM CANARD, his X mark. [L. S.]
Witnesses of execution:
WM. F. HAY, Secretary.
WM. HAMBLY, United States Interpreter.
Whereas, by a stipulation in the treaty of the Indian Springs, in 1821, there was a reserve of land made to include the said Indian Springs for the use of General William Mcintosh: Be it therefore known to all whom it may concern, that we, the undersigned chiefs and headmen of the Creek nation, do hereby agree to relinquish all the right, title, and control of the Creek nation to the said reserve unto him, the said William McIntosh, and his heirs, forever, in as full and ample a manner as we are authorized to do.
BIG WARRIOR, his + mark.
YOHOLO MICCO, his + mark.
LITTLE PRINCE, his + mark.
HOPOI HADJO, his + mark.
TUSKEHENAHAU, his + mark.
OAKEFUSKA YOHOLO, his + mark.
JOHN CROWELL, Agent for Indian Affairs.
JULY 25, 1825.
DEPARTMENT of WAR, July 16, 1824.
Sir:
Major James Merriwether and yourself have been appointed by the President commissioners to treat with the Creek Indians, and I accordingly enclose herewith your commission and instructions. Major Merriwether is notified of the appointment, and furnished with a copy of the instructions.
I have the honor to be your obedient servant,
JOHN C. CALHOUN.
Colonel DUNCAN G. CAMPBELL, Commissioner, &c., Washington, Georgia.
DEPARTMENT OF WAR, OFFICE OF INDIAN AFFAIRS, July 16, 1824.
Sir:
Colonel Duncan G. Campbell and Major James Merriwether have been appointed by the President commissioners to treat with the Creek Indians for a further extinguishment of their title to lands within the limits of Georgia; and I am directed by the Secretary of War to notify you thereof, and to transmit to you the enclosed extract of his instructions to the commissioners, for your information and government. With great respect, I have the honor to be your obedient servant,
S. S. HAMILTON.
To Col. JOHN CROWELL, Indian Agent, Creek Agency, Georgia.
Extract of a letter from the Secretary of War to Colonel Duncan G. Campbell and Major James Merriwether, Commissioners, &c. dated
JULY 16, 1824.
The probable amount of provisions that will be required to be issued to the Indians while treating with them, and the price at which they can be obtained, can be ascertained by a correspondence with the agent, Colonel John Crowell, who is instructed to obey your orders on all points connected with the proposed treaty, and to take such steps as may be necessary to prepare the Indians to meet the commissioners at the time and place which they may fix on for holding it, and of which he should be early apprized.
WAR DEPARTMENT, July 16, 1824.
GENTLEMEN:
I have the honor to enclose you a commission to treat with the Creek Indians. At the late session of Congress an appropriation was made, in addition to the unexpended balance of the appropriation heretofore made for the same object, (which, together, make a sum of $50,000,) to enable the President of the United States to take the necessary measures for the extinguishment of the title of the Creek Indians to the land now occupied by them, lying within the limits of the State of Georgia. The President, desirous that the object of the appropriation should be accomplished as fully as practicable, has directed the whole amount of it to be placed subject to your control; and he anticipates, from your prudence and abilities, the most favorable termination to the proposed treaty. You will take care, however, that the whole expenses of negotiation, including those of your commission, issues of provisions and presents under your orders, and such preliminary expenses as the agent may be authorized to incur, shall, in no event, exceed the sum of $50,000. The probable amount of provisions that will be required to be issued to the Indians while treating with them, and the price at which they can be obtained, can be ascertained by a correspondence with the agent, Colonel John Crowell, .who is instructed to obey your orders on all points connected with the proposed treaty, and to take such steps as may be necessary to prepare the Indians to meet the commissioners at the time and place which they may fix on for holding it, and of which he should be early apprized. The enclosed circular will be strictly complied with in contracting for the provisions, and in issuing them.
It is the desire of the Government that the feelings and wishes of the State of Georgia should be particularly attended to in any treaty that may be made with the Creek nation. The particular tract and the extent of country, therefore, to be treated for, are left to your sound discretion. The sum to be stipulated for any cession that may be obtained must also be left very much to your discretion, taking into consideration its extent and the quality of the soil; but, rather than the treaty should fail, the price ought to be liberal, but, in no event, to exceed the price paid under the treaty of the 8th of January, 1821, with the Creek nation: the terms on which the land was then purchased were considered very high. For the purchase made by that treaty, the United States stipulated to pay $200,000 in specified installments; and they assumed to pay, as a further consideration for said purchase, to the State of Georgia, in five annual installments, whatever balance might be found due by the Creek nation to the citizens of said State; which balance has been ascertained to amount to $100,589; making, in the whole, as the consideration for that purchase, the sum of $300,589. You will, therefore, in fixing on a price for any cession which may be proposed to be made by the Creek nation, in no event exceed the price given by that treaty, taking into consideration the quantity of land ceded by it, and the quantity of that proposed to be ceded, but will, if possible, obtain it on more reasonable terms. The quantity of land ceded by the Creeks, in the treaty just mentioned, may be ascertained from the surveys which, it is presumed, have been made of it by the State of Georgia. To ascertain the quantity which they may now propose to cede, reference must be had to the best sources of information that can be obtained, particularly to the latest and most authentic maps of the State.
For the expenses of negotiating the treaty, you will draw on the Branch Bank at Savannah, of which you will give the Department notice. The bank will be authorized by the Treasury Department to accept your drafts, provided they do not exceed $50,000.
Your compensation will be at the rate of $8, and that of your secretary (whom you are authorized to appoint) at the rate of $5 per day, for the time actually engaged. The payment will be made on your certificate of honor, specifying the time that you and your secretary have been actually engaged. Your certificate, in like manner, will be a necessary voucher for presents distributed under your authority.
I have the honor to be, &c.
J. C. CALHOUN.
To Colonel DUNCAN G. CAMPBELL and Major JAMES MERRIWETHER, Commissioners, &c.
DEPARTMENT OF WAR, July 19, 1824.
GENTLEMEN:
Upon reflection, it is thought proper to defer transmitting the funds for the expense of negotiating with the Creeks, until you have apprized the Department of your acceptance, and of the time at which the funds will be required. On the receipt of such information, the funds will be forwarded.
I have the honor, &c.
JOHN C. CALHOUN.
Colonel DUNCAN G. CAMPBELL and Major JAMES MERRIWETHER, Commissioners, &c.
WASHINGTON, July 27, 1824.
SIR:
I had the honor of receiving yours of the 16th instant, accompanied by a commission to Major Merriwether and myself to hold a treaty with the Creek nation of Indians. The instructions under which our proceedings are to be conducted have also been received. I have this day written to the Creek agent, Colonel Crowell, upon the subject of the contemplated treaty, and have an expectation of seeing the other commissioner this week at Athens.
The President and Department will please accept my acknowledgments for this additional mark of confidence, and the pledge of my best exertions to accomplish the business of the appointment. With great consideration and esteem, I am, &c.
DUNCAN G. CAMPBELL.
The Hon. J. C. CALHOUN.
WASHINGTON, July 27, 1824.
DEAR SIR:
By the last mail I received a communication from the Secretary of War, advising me of the appointment of commissioners to treat with the Creek nation of Indians for the acquisition of territory within the limits of Georgia. Before this reaches you, you will no doubt receive the like information. Being instructed to correspond with you upon the subject of the proposed treaty, I am happy that an acquaintance will authorize a free discussion of all matters connected with the subject. Having so recently heard of the appointment, I have not yet had an opportunity of seeing my colleague, Major Merriwether. We shall, no doubt, have an interview next week at Athens, where we shall probably digest some plan for our future operations. In the mean time, will you do me the favor to give me your views as to the most convenient time and place of having the convention? Say, also, what number of Indians may be expected to attend, what length of time we shall probably be engaged in the negotiation, and what will be the most advisable mode of supplying rations at the least expense.
I am, &c.
DUNCAN G. CAMPBELL.
Colonel JOHN CROWELL.
AUGUSTA, August 6, 1824
SIR:
When on the eve of leaving home for Savannah, where I have to attend the district court on business of the United States, I received information from the Department of War of yourself and Major Merriwether being appointed to treat with the Creek Indians for lands within the limits of Georgia, as well as your letter on the same subject. As my presence at the court in Savannah is indispensably necessary, I cannot attend you till my return, which, I think, will be about the 15th, when I will do myself the honor to call on you at your residence, and make the necessary arrangements preparatory to the meeting of the Indians. I hope the few days delay, in consequence of my trip to Savannah, will not be material, or interfere with your arrangements in relation to it.
I have, &c.
JOHN CROWELL, Agent for Indian Affairs.
Colonel DUNCAN G. CAMPBELL, Washington, Georgia.
WASHINGTON, August 8, 1824.
SIR:
Since writing you on the 27th, I have received yours of the 19th ult., relating to the transmission of the funds for negotiating with the Creeks. The Department will please consider us as having accepted the appointment of commissioners. I have lately seen Major Merriwether; but not having heard from the agent, Colonel Crowell, we were unable to fix definitively upon the time of holding the treaty. We spoke of the 1st of November as well suited for the occasion, and shall direct our arrangements to that period, unless the agent furnishes some satisfactory reason to the contrary. A young gentleman who resides at the agency reached here yesterday, and informs me that the agent received communications from the Department and myself at the same lime, and at the moment of setting out for Savannah; that he will be here on the 15th instant, on his return. I shall avail myself of the opportunity of the interview to acquire in detail all the information necessary to our future operations. The agent is intelligent and communicative, and, I am certain, will afford us all the facilities within his control.
I have, &c.
DUNCAN G. CAMPBELL.
The Hon. JOHN C. CALHOUN.
WASHINGTON, September 5, 1824.
DEAR SIR:
Having received Major Merriwether's views upon the subject of a contract for supplying rations for such Indians as may attend the contemplated treaty, I now forward the result. The major seems to be of opinion that advertising for proposals will be the most expedient plan which we can adopt. I have given you, on the other side, an extract from his letter, to which I ask your attention. Situated as you are, with more means of information on the subject than we possess, and having also had the benefit of experience upon the matter of contract, we must necessarily place much reliance upon your judgment and discretion. You will readily perceive that it is an object as well as a duty to be cautious as well as economical. Keeping these principles in view, we will request you to pursue such course as you may deem most expedient in procuring a favorable and efficient contract. I shall attend Baldwin court on the fourth Monday in this month, when I shall be glad to be informed of any matter affecting our negotiation. We are greatly concerned for the result of our mission, and must beg you to prepare the nation for the issue we desire.
I am, &c.
Colonel JOHN CROWELL.
DUNCAN G. CAMPBELL.
DEPARTMENT OF WAR, September 13, 1824.
SIR:
In drawing up your instructions, as commissioners to treat with the Creek Indians, the subject of exchange of territory did not escape the attention of the Department; but there is, at present, no tract of land on the west of the Mississippi, to which the Indian title is extinguished, that could be offered in exchange. Such being the fact, it was believed that no arrangement could take place, on the principle of exchange of territory, that would be satisfactory to the Creeks. If, however, you should find there is any likelihood of making the exchange, the Government would prefer that to any other arrangement. But such an arrangement would have to be conditional upon the extinguishing the Indian title to the tract that may be designated west of the Mississippi. Should any such tract be conditionally designated west of our settlements, the Government would immediately make arrangements for the extinguishment of the Indian title, in order to put the Creeks in possession of it. The enclosed sketch will show the present Indian boundaries in that quarter, which will regulate you in your location west, should an exchange of territory be adopted as the basis of the pending treaty with the Creeks.
I have, &c.
JOHN C. CALHOUN.
To Colonel DUNCAN G. CAMPBELL.
PRINCETON, CREEK NATION, September 20, 1824.
SIR:
In reply to your letter of the 5th instant, on the subject of a contract to be made for supplying rations for such Indians as may attend the contemplated treaty, I have to observe, that I did, while at Washington, give you the best information I possessed in relation to this subject. 1 will with pleasure close a contract for you, or do any thing you may require me to do in relation to the contract, or any other matter touching the business of the treaty, that I can consistently do. But it must be distinctly understood, that it is to be done under your special instructions. Should you determine to advertise for proposals, there is no time to spare; and if you wish me to close the contract, you will direct the proposals to be made to me at the Creek agency, on a given day, for rations to be issued to the Indians at Broken Arrow, near Fort Mitchell, to commence on the 25th of November, and to continue as long as the commissioners may require. Should the proposals be directed to me, it must be done on or before the 1st of November, as I shall be absent from that date to the 20th of November on business in Savannah.
From the best information I have been able to collect, I think we may reasonably calculate on about five thousand Indians attending the treaty.
I have, &c.
JOHN CROWELL, Agent for Indian Affairs.
Colonel DUNCAN G. CAMPBELL, Milledgeville.
PRINCETON, CREEK NATION, September 27, 1824.
SIR:
Since I wrote you last, I have had an interview with a number of the head chiefs of the Creek nation at this place. I stated to them that commissioners had been appointed by the United States for the purpose of holding a treaty with them for the purchase of their lands within the limits of Georgia, and the commissioners and myself had appointed the 25th November for the meeting, and at this place; but, in consequence of the indisposition of several of the head chiefs, they were opposed to fixing upon that day. I then urged them to as early a day as possible, and we finally agreed upon the 6th of December as the earliest day they would consent to. You will, therefore, consider that as the day of the meeting, instead of the 25th of November, as agreed upon between us at Washington.
I have, &c.
JOHN CROWELL, Agent for Indian Affairs.
Colonel DUNCAN G. CAMPBELL, Washington, Georgia.
WATKINSVILLE, October 13, 1824.
SIR:
I have declined answering yours of the 20th and 27th ultimo, knowing that I should have an interview with Major Merriwether at this place. Having had that interview, I now communicate the result. When we fixed on the 25th November as the day of commencing our negotiations with the Creeks, we felt that it was a more distant period than was well suited to our convenience. It is, therefore, with more reluctance that we obtain an assent to a postponement of the time. The 6th of December is an extension of the time which will result in such an interference with our engagements, as to be highly objectionable. We have, therefore, come to the conclusion of suggesting the 1st of December as better suited to ourselves, and which we hope will in nowise be exceptionable to the chiefs or yourself. We are of opinion that a contract for supplying rations can be most economically obtained by advertising for proposals. Your intended absence, as mentioned in yours of the 20th, will occur at a time when the proposals should be opened and a contract closed. We have, therefore, advertised for proposals to be delivered to ourselves at Milledgeville, on the 8th of November; at which time a contract will be reduced to form, and a requisition made. About that time, you will probably pass Milledgeville, on your way to Savannah. Should this be the case, we shall be very happy to have the benefit of your experience and judgment on the subject. We shall be obliged to you to issue a friendly invitation to the chiefs to meet us at Broken Arrow on the 1st of December. It will be matter of regret if the time is objected to, for we have seen no substantial reason given by the nation for the postponement.
I am, &c.
DUNCAN G. CAMPBELL.
On the 8th day of November, the commissioners met at Milledgeville, for the purpose of receiving proposals for the supply of rations at the contemplated treaty, when the following contract was entered into:
STATE OF GEORGIA:
Memorandum of a contract this day entered into between James Merriwether and Duncan G. Campbell, commissioners on the part of the United States, of the one part, and John H. Brodnax, of the other part, witnesseth:
The said Brodnax agrees to furnish said commissioners with supplies for such of the Creek nation of Indians as may attend a treaty to commence with said nation on the 1st day of December next, at the Indian town called Broken Arrow, on the Chattahoochie river. A requisition is, by these presents, now made on said Brodnax for twenty thousand rations, to be ready for delivery on the day and at the place aforesaid. The ration to consist of twenty ounces of beef, twenty ounces of sifted corn meal, and the army quantity of salt. The beef part of the ration estimated at five cents; the meal part at three cents and three-fourths, and the salt part at one-fourth of a cent. In case of failure on the part of the said Brodnax to furnish the full supply of rations, having the component parts aforesaid, then he is to be liable for the deficiency, according to the above estimates.
It is further stipulated that the said Brodnax is to furnish any additional supply of rations, of the same component parts, at the same place and at the same prices, which the commissioners may require, pending the negotiation with the said nation; the said Brodnax being furnished with the earliest practicable notice of the requisition of further supplies after the commencement of the said negotiation on the day aforesaid. It is further stipulated, that the said Brodnax is to give the necessary attention of himself, agents, or laborers, in taking care of and issuing the rations aforesaid, from day to day, as the same may be demanded for use. The commissioners, on their part, agree to pay at the rate of nine cents per ration for each and every ration furnished by said Brodnax, under the requisitions of said commissioners. The sum of eighteen hundred dollars is now advanced to said Brodnax in consideration of the twenty thousand rations agreed to be furnished as aforesaid, but to be refunded in proportion to any deficiency which may occur in furnishing the amount of said first requisition. Witness our hands and seals, this 9th November, 1824.
JAMES MERRIWETHER, [L. S.]
D. G. CAMPBELL, [L. S.]
JOHN H. BRODNAX. [L. S.]
Signed, sealed, and acknowledged in presence of
SAMUEL D. ECHOLS.
STATE OF GEORGIA:
Know all men by these presents, that we, John H. Brodnax, Zachariah White, Magers Henderson, and Laird W. Harris, are held and firmly bound to James Merriwether and Duncan G. Campbell, commissioners acting on the part of the United States, in the sum of five thousand dollars; for which payment, well and truly to be made, we bind ourselves, our executors, administrators, &c., jointly and severally, firmly by these presents. Witness our hands and seals, this 9th November, 1824.
The condition of the above obligation is such, that whereas the above named John H. Brodnax hath this day entered into a contract with the said commissioners, acting on the part of the United States, to furnish a supply of rations in the Creek nation, at the time, upon the terms, and in the quantities specified in a contract bearing even date herewith: Now, if the said Brodnax shall well and faithfully abide, fulfill, keep, and perform all and singular the covenants, undertakings, and agreements in said writing specified, and shall not violate, neglect, refuse, or fail to comply therewith, then the above obligation to be void, else to be and to remain in full force and virtue.
JOHN H. BRODNAX, [L. S.]
ZACHARIAH WHITE, [L. S.]
M. HENDERSON, [L. S.]
LAIRD W. HARRIS, [L. S.]
Test: SAMUEL D. ECHOLS.
PRINCETON, NEAR BROKEN ARROW, November 30,1824.
The commissioners arrived this day at this place, and, finding the Indians convening in considerable numbers, issued to the agent and the contractor the following instructions and orders:
PRINCETON, CREEK NATION, November 30, 1824.
SIR:
Pursuant to instructions, and also to a circular from the Department of War, (copies of which are herewith furnished,) you are designated to ascertain the number and component parts of rations issued daily pending the present treaty. The manner of issuing and certifying to conform, as near as may be, to the mode which prevails in issuing rations to soldiers. At the close of the treaty, the account will be presented to us for approval.
Your obedient servants,
DUNCAN G. CAMPBELL,
JAMES MERRIWETHER,
U. S. Commissioners.
Col. JNO. CROWELL, Agent for Indian Affairs.
PRINCETON, CREEK NATION, November 30,1824.
SIR:
The issuing of rations to the Indians will commence on tomorrow morning. The agent of the nation, Colonel Crowell, has been designated to ascertain the number and component parts of rations issued daily. Rations will be issued daily, in the morning, at the old factory buildings, in such numbers as the agent may require.
Your obedient servants,
DUNCAN G. CAMPBELL,
JAMES MERRIWETHER,
U. S. Commissioners.
Major JOHN H. BRODNAX, Contractor, &c.
DECEMBER 4, 1824.
The commissioners having been this morning notified of the organization of the council, attended, with the nation's agent, at twelve o'clock, and were introduced. The council were informed that the commissioners held their authority under the United States, and had important business to transact, which would be disclosed in a talk on Monday.
On this day an additional requisition was made upon the contractor, as follows:
SIR:
From the increasing number of Indians now convening at this place, an additional number of rations will be necessary. You are required forthwith to supply the further number of twenty thousand rations, to be issued according to the terms of your contract entered into with us.
D. G. CAMPBELL,
JAMES MERRIWETHER,
U. S. Commissioners.
JOHN H. BRODNAX, Contractor.
DECEMBER 7,1824.
The inclemency of the weather prevented a meeting of the chiefs on yesterday. On this day, the following address was delivered to them in full council:
Friends and Brothers of the Creek nation:
We met you on Saturday last around your great council fire, and were received with the pipe and the right hand of friendship. We then informed you that we had the same feeling towards you, and that we were commissioned by our father the President of the United States. We also told you that on this day we would make known to you the object of our visit. We now tell you that, upwards of twenty years ago, a bargain was made between the United States and Georgia. The United States agreed to purchase for Georgia all the lands lying within certain limits. In this direction, the line runs from Florida, up the Chattahoochie, to the first big bend above the mouth of Uchee creek, and thence to Nicojack, on the Tennessee River. Georgia has made several requests of the United States to have this agreement carried into effect. The United States, feeling bound by her contract, has appointed commissioners, and they are now before you, on this business. The President finds you entirely surrounded by white people. He sees that there are frequent interruptions by encroachments on both sides. A great many complaints are sent to him. He has attended to all these things, as he wished to make them all quiet. He has extensive tracts of country under his dominion beyond the Mississippi, which he is willing to give you in exchange for the country you now occupy. We make you an offer, not only for your territory within the limits of Georgia, but for your whole country. The price which we are to give can be more fully stipulated hereafter. This can consist, in a great measure, of other lands, of such extent and value as may be agreed upon. But our Government would do something more, so as to make your removal easy, and your new settlement secure and comfortable. In a matter of this weight, we cannot say at once all we have to lay before you. We shall expect you to listen to us as long as we have any thing to say, and we will do the same by you. We want you to take time and consider, and deliberate well before you decide either way. We know that our Government has not directed us to make an unjust or improper offer to you. We cannot consent, therefore, that our propositions should be put aside in a hasty manner. After going fully into the subject on both sides, we shall be able to lay our proceedings before the President, and let him decide upon what has been done.
Whenever you are ready to answer us, we shall be ready to meet you. In all our intercourse, we desire good understanding.
Your friends and brothers.
DECEMBER 8, 1824.
The following reply was this day made by the chiefs to the address of yesterday:
FRIENDS AND BROTHERS:
On Saturday last we received you as members of our father's family. The pipe, as a token of peace, was offered to you, and you received it; the right hand of friendship was extended to you, and you did not refuse. Your talk was, that you were sent to us by our father the President of the United States; that you would ii: two days repeat to us our father's talk. You have, in part, done so. You have told us that upwards of twenty years ago a bargain was made between the United States and Georgia; that the United States agreed to purchase for Georgia all its lands lying within certain limits, &c. The agreement between our father the President of the United States and our brothers of Georgia we have never before this time been acquainted with, nor are we now convinced that any agreement between the United Slates and the State of Georgia will have the effect of alienating the affections of a just parent from a part of his children, or aggrandizing the one by the downfall and ruin of the other. That ruin is almost the inevitable consequence of a removal beyond the Mississippi, we are convinced. It is true, very true, that we are " surrounded by white people;" and that there are encroachments made. What assurances have we that similar ones will not be made on us, should we deem it proper to accept your offer and remove beyond the Mississippi? and how do we know that we would not be encroaching on the people of other nations?
We will await your next communication, entertaining the hope that you will then acquaint us with the whole of your talk.
We have all confidence in our father the President, and in yourselves as commissioned by him, and are convinced that you will deal justly by us.
As we have met friends, we wish to continue so, let the result of our meeting be as it may. .
Your friends and brothers,
LITTLE PRINCE, his + mark.
O. PORTHLE YOHOLO, his + mark,
Speaker of the Upper Creeks.
WM. MCINTOSH, his + mark,
Speaker of the Nation.
HOPOY HADGO, his + mark.
WILLIAM HAMBLY, Principal Interpreter.
CHILLY MCINTOSH, Clerk of the National Council.
The following requisition was this day made on the contractor:
SIR:
We perceive that an additional number of rations will be necessary; you will, therefore, have twenty thousand more in readiness immediately.
JAMES MERRIWETHER,
DUNCAN G. CAMPBELL.
Major JOHN H. BRODNAX.
DECEMBER 9, 1824.
The following address was this day made to the chiefs:
FRIENDS AND BROTHERS:
We attended your council yesterday, and received your talk, which we are glad to find made in a spirit of good feeling and liberality. This was expected of you, on account of the kindness and protection which has always been extended to you by the United States. You have requested that the whole of our talk be delivered at this time. We have no objection to go fully into that subject; and, although the time allowed is very short, we believe we shall be able to comply with your request. Brothers, we now proceed to explain the nature of your connexion with the General Government, and, although it may not be very pleasing, it is nevertheless true.
We ask you, how did the Muscogee nation come by this country? You came from the west, and took the country from another people, who were in possession. After living here a great many years, the people from over the big waters came in large vessels, and took some of the country from you, and set up their own Government, and made laws, and made you obey them. Ninety-two years ago the British granted a charter to all the land between Savannah and Alatamaha rivers, up to their heads, and thence to the western ocean. Then, afterwards, sixty years ago, the same British Government extended the limits of Georgia to St. Mary's river; thence, along the Florida line, to Mississippi river.
All this was Georgia until 1802. We will now tell you how the country we have described happened to belong to the United States. About fifty years ago a war broke out between the British and their own people who were here. The war lasted seven years, and the British were conquered; you took part in that war, and were conquered also. All the country which was conquered belonged then to the conquerors. The British were all driven off, and you would have shared the same fate but for the humanity and goodness of the new Government which was established after the war. This new Government was called the United States of America; and directly after it was formed, it held treaties with you and all other Indian tribes. You are not the only tribe that fought on the side of the British; every other tribe did the same, and all were treated alike - all gave up, and claimed protection, and were received into favor. The Delawares made a treaty at Fort Pitt, and gave up their power; the Six Nations did the like at Fort Stanwix; the Cherokees at Hopewell; and the Creeks at New York.
Since the war of the Revolution, when General Washington fought, the Indian tribes have had no power in the United States. It was not your fault that your forefathers fought against their country, yet you have to be the sufferers by their rashness. Since this time, some of you have shown yourselves worthy of being the President's children, by fighting by the side of the white man against the foes of liberty. The President will always stand by you, and protect you against want and against your enemies. He has not sent us here to make offers or propose schemes for your injury or destruction. On the contrary, the most earnest wish of his heart is, that you should be preserved; that you should live and prosper; that you should advance in civilization; that you should have good laws, and obey them; that you should have schools, and learn; that you should have churches, and worship Him who made you. But the question is, how are we to attain these desirable ends? The President, in great goodness, has pointed out the way. Fifteen years ago he advised some of his red children to go beyond the Mississippi. Five thousand went, and are free from intrusion and disturbance from the whites. These limits are extended, and they are not surrounded and hemmed in on every side. If the young men wish to pursue the game, it is there found in abundance; if they wish to become herdsmen and cultivators, the soil is well suited for these purposes. But, above all, if you wish to quit the chase, to free yourselves from barbarism, and settle down in the calm pursuits of civilization and good morals, and to raise up a generation of Christians, you had better go. The aid and protection of the Government will go with you. The good wishes of the best men alive will go with you; and the missionaries, with their schools and meeting-houses, and good examples and prayers, will be planted in the midst of you. Brothers, the talk which we now deliver to you is from the mouth of a great and good man, our father the President. In speaking to his Cherokee children, he says these words: " My impression is strong that it would promote essentially the security and happiness of the tribes within our limits, if they could be prevailed on to retire west and north of our States and Territories, on lands to be procured for them by the United States, in exchange for those on which they now reside. Surrounded as they are, and pressed as they will be on every side, by the white population, it will be difficult, if not impossible, for them, with their kind of government, to sustain order among them. Their interior will be exposed to frequent disturbances; to remedy which, the interposition of the United States will be indispensable: and thus their government will gradually lose its authority, until it is annihilated. In this process, the moral character of the tribes will also be lost, since the change will be too rapid to admit their improvement in civilization; to enable them to institute and sustain a government founded on our principles, if such a change were compatible either with the compact of Georgia or with our general system; or to become members of a State, should any State be willing to adopt them in such numbers. But all these evils may be avoided, if these tribes will move beyond the limits of our present States and Territories." These are the words of the President, used no longer ago than last March. We will now give you the talk of the Secretary of War (Mr. Calhoun) to the Cherokees, last January. He says: "You must be sensible that it will be impossible for you to remain for any length of time in your present situation, as a distinct society or nation, within the limits of Georgia, or any other State. Such a community is incompatible with our system, and must yield to it. This truth is too striking and obvious not to be seen by all of you, surrounded as you are by the people of the several States. You must either cease to be a distinct community, and become at no distant period a part of the State within whose limits you are, or remove beyond the limits of any State."
We have thus given you the talks of two of the highest authorities of the United States - the President and Secretary of War. These, to be sure, were delivered to the Cherokees; but they apply with equal force to you, for both are within the Georgia limits, and the United States are bound to extinguish your title. Brothers, we might add the talks of the members of Congress from Georgia to the President, and also the talk of our headman, the Governor of Georgia. We have these by us, and will explain them to you verbally. They are too long to be included in this writing. We can here say this much of them, that they set forth very strongly the rights of Georgia; that the President has listened to them, and sent us here for the purpose of settling matters which threaten to produce the greatest disturbances and serious consequences.
Brothers, before we came into your country, we read in the newspapers where some of you had held two meetings at Tuckabatchee and Pole Cat Springs, and signed a talk to " follow the pattern of the Cherokees, and never sell another foot of land." We fear you have suffered yourselves to be misled. You have made a hasty conclusion, which you are unable to support. Whether this was produced by the Cherokee talk that was sent to you, or by the intermeddling officiousness of interested individuals, or by both, we are not exactly prepared to say. But we warn you against the advice of intruders and false prophets. As lofty grounds as the Cherokees have taken, we have no doubt of seeing the time when they will come under the laws of the whites, or go to the west, where they can be to themselves. These two meetings which you have had are rash and premature. They are not binding even, upon those who signed them, much less are they binding upon the nation. This is the place where laws are made - in full council; not at Tuckabatchee or Pole Cat Springs, where a mere handful are gathered together, not, perhaps, so much by their own consent as by designing individuals. This nation was once led into a dreadful war by bad advisers and false prophets. Take care how you listen to talks which come from such sources. No man, no nation, has a right to interfere with the affairs of this nation. We shall make our propositions open and fair to this council. If our talk is received, we doubt not but the good of yourselves and of the United States will be advanced. If it is rejected, it will be to the injury of both. There shall be no interference with us, and we shall be inclined to try the extent of our powers if we detect any interference with you.
Brothers, we have heard you say that you love the country you live in, and that you are opposed to a removal. This is not the first country which has been sold by its proprietors. The United States have lately bought Florida from Spain; and the Spaniards are gone, a part to Cuba, and others beyond the seas. The United States, some years ago, bought Louisiana from France, and many of the inhabitants removed thousands of miles from the place of their birth, and where their fathers were buried. The United States have lately made a treaty with the Seminoles, and have marked out a country for them, and told them to go to it. The United States have exchanged lands with the Choctaws, and that tribe have a flourishing settlement, with which they are very much pleased, on Red river, including the Warm Springs. Other instances might be given where countries have been sold, and people removed. We believe that, by an exchange and removal, this nation would secure a safe and permanent resting-place, where they would be free from interruption and disturbance. You would have some encouragement to clear fields and build good houses. They would be yours; and yours not for a short time, but for yourselves and generations afterwards. You flourish best when at a distance from the settlements. In going through your country, where do we find the most improvements? On the lines of the States, and even on the public roads, we hardly ever see a field or a house. You retire within, in order to get clear of the intrusions and encroachments of disorderly whites, who sometimes gather upon our frontier's. But even in the interior, the state of your improvements is such as to show that there is something wrong - that you do not consider yourselves at home. You told the commissioners at the Indian Springs that your people had quit hunting, and settled down to the industrious use of the axe, hoe, plough, and loom. The game is gone, but still we find you ranging in parties in all directions; some to Florida, some to the Cherokee and Choctaw nations, and some have gone even beyond the Mississippi. Brothers, we plainly see, and we know it to be true, from the talks of the President, the Secretary of War, the Governor of Georgia, the Georgia delegation in Congress, and the Legislature of Georgia, for years past, that one of two things must be done: you must come under the laws of the whites, or you must remove. Brothers, these are not hard propositions. If you intend to be industrious, and go to work in earnest, our laws will not be burdensome. But the difference will be so quick and so great, that at first it might make you restless and uneasy. But, let you go where you will, a change in your condition will be the study of Christians and the work of the Government. Brothers, we now tell you what we, in the name of your father the President, want you to do. We want the country you now occupy. It is within the limits of Georgia and Alabama. These States insist upon having their lines cleared. The President will do this by giving you a better country, and will aid you in removing; protect you where you may go, against whites and all others; and give you a solemn guaranty in the title and occupancy of the new country which you may select. We now leave you to pause, to examine, and decide. This talk comes to you full of friendship, yet it is of serious and important import. By deciding for yourselves, it may prevent others from deciding for you.
We want an answer as soon as it may be convenient to give it. The Congress of the United States and the Legislature of Georgia are both in session, and they will want to know what bas been done. We again assure the nation of our friendly feeling.
DUNCAN G. CAMPBELL,
JAMES MERRIWETHER,
U. S. Commissioners,
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