UNITED STATES AGREE TO EXTINGUISH INDIAN TITLE IN GEORGIA.

By an agreement between the United States and the State of Georgia

bearing date April 24, 1802,[277] Georgia ceded to the United States

all the lands lying south of Tennessee and west of Chattahoochee River

and a line drawn from the mouth of Uchee Creek direct to Nickojack, on

the Tennessee River. In consideration of this cession the United States

agreed to pay Georgia $1,250,000, and to extinguish the Indian title

whenever the same could be done on peaceable and reasonable terms; also

to assume the burden of what were known as the Yazoo claims.

_Georgia charges the United States with bad faith._--Ever since the

date of this agreement the utmost impatience had been manifested by the

Government and the people of the State of Georgia at the deliberate

and careful course which had characterized the action of the General

Government in securing relinquishment of their lands in that State

from the Creeks and Cherokees. Charges of bad faith on the part of the

United States, coupled with threats of taking the matter into their

own hands, had been published in great profusion by the Georgians.

These served only to enhance the difficulties of the situation and to

excite a stubborn resistance in the minds of the Indians against any

further cessions of territory.

_Report of Congressional committee._--The subject was brought to

the attention of Congress through the action of the governor and

legislature of Georgia. A select committee was appointed by the House

of Representatives, at the first session of the Seventeenth Congress,

to take the matter into consideration and to report whether the said

articles of agreement between that State and the United States had so

far been executed according to the terms thereof, and what were the

best means of completing the execution of the same. This committee

submitted a report to the House,[278] wherein, after reciting the

terms of the agreement, allusion is made to the Creek treaty of 1814,

and the opinion expressed that the agreement might have been more

satisfactorily complied with by demanding the cession at that treaty of

the Creek lands within Georgia's limits, instead of accepting in large

measure those within the Territory of Alabama. The Indians were by this

action forced, in the opinion of the committee, within the limits of

Georgia, instead of being withdrawn therefrom.

Respecting the Cherokee treaty of July 8, 1817, the committee say that

some time previous to its conclusion the Cherokees had represented to

the President that their upper and lower towns wished to separate;

that the Upper Cherokees desired to be confined to a smaller section

of country and to engage in the pursuits of agriculture and civilized

life; that the Lower Cherokees preferred continuing the hunter's life,

and, owing to the scarcity of game in their own country, proposed to

exchange it for land on the west of the Mississippi River; that to

carry into effect these wishes of the Indians the treaty of 1817 was

held, and the United States then had it in their power to have so far

complied with their contract with Georgia as to have extinguished the

title of the Cherokees to most of their lands within the limits of

that State; that this could readily have been done, for the reason

that the Upper Cherokees resided beyond the boundaries of Georgia,

and had expressed a desire to retain lands on the Hiwassee River,

in Tennessee, whilst the Lower Cherokees, who were desirous of

emigrating west, mostly resided in the former State. But, in spite of

this opportunity, the United States had purchased an inconsiderable

tract of country in Georgia and a very considerable one in Tennessee,

apparently in opposition to the wishes of the Indians, the interests

of Georgia, and of good faith in themselves. By this treaty the United

States had also granted a reservation of 640 acres to each head of

an Indian family who should elect to remain on the eastern side of

the Mississippi. This the committee viewed as an attempt on the part

of the United States to grant lands in fee simple within the limits

of Georgia in direct violation of the rights of that State. The

provision permitting Cherokees to become citizens of the United States

was also characterized as an unwarrantable disregard of the rights

of Congress. It was further asserted that by the treaty of 1819 the

United States had shown a disposition and determination to permanently

fix the Cherokee Indians upon the soil of Georgia, and thereby render

it impossible to comply with their contract with that State. Yet

another feature of this treaty too objectionable to be overlooked was

the agreement of the United States that 12 miles square of land ceded

by the Indians should be disposed of and the proceeds invested for

the establishment of a school fund for those Indians. In conclusion

the committee suggested that in order to a proper execution of the

agreement with Georgia it would be necessary for the United States

to relinquish the policy they had apparently adopted with regard to

civilizing the Indians and keeping them permanently on their lands, at

least in respect to the Creeks and Cherokees, and that appropriations

should be made from time to time sufficiently large to enable the

Government to hold treaties with those Indians for the extinguishment

of their title.

_Commissioners appointed to negotiate a new treaty._--Stimulated by

the sentiments so strongly expressed in this report of a committee of

the House of Representatives, the executive authorities determined to

make another effort to secure a further cession of territory from the

Cherokees.

Accordingly the President appointed[279] General John Floyd, Maj.

Freeman Walker, and Hon. J. A. Cuthbert, all of Georgia, commissioners

to negotiate a treaty with that nation, and advised them of his earnest

desire that a cession should be secured from the Indians such as

would prove satisfactory to that State. Messrs. Walker and Cuthbert

declined their appointments, and Duncan G. Campbell and General David

Merriwether were appointed[280] in their places. General Merriwether

dying shortly after, was succeeded by Maj. James Merriwether, whom it

had been the original intention to appoint, but for whose name that

of General Merriwether had been inserted in the primary appointment

through mistake. Before any active steps had been taken toward the

performance of the duties assigned the commission, General Floyd

resigned,[281] and the President determined to allow the remaining

two members to constitute the full commission. Their appointment was

submitted to and approved[282] by the Senate, and in the transmission

of their new commissions by the Secretary of War perseverance and

judicious management were enjoined upon them as essential to success

in their negotiations. It would seem that all their perseverance was

needed, for the commissioners were unable to secure even an interview

with the Cherokee authorities until a date and place had been

designated for the fourth time.

_Death of Agent Meigs._--About this time[283] Agent Meigs, who since

1801 had represented the Government with the Cherokees, died, and

ex-Governor McMinn, of Tennessee, was appointed[284] to succeed him.

_Failure to conclude proposed treaty._--The treaty commissioners

finally met the council of the Cherokee Nation at Newtown, their

capital, on the 4th of October, 1823.[285] They were also accompanied

by Johnson Wellborn and James Blair, who had been appointed by the

governor of Georgia as commissioners to advance the interests and

protect the rights of that State. The negotiations were all conducted

in writing, and form an interesting chapter in the history of the

methods used throughout a long series of years to secure from the

Cherokees, by "voluntary, peaceful, and reasonable means," the

relinquishment of their ancestral territory. The commissioners set

forth their desire to procure the cession of a tract of country

comprising all to which the Cherokees laid claim lying north and east

of a line to begin at a marked corner at the head of Chestatee River,

thence along the ridge to the mouth of Long Swamp Creek, thence down

the Etowah River to the line to be run between Alabama and Georgia,

thence with that line to the dividing line between the Creeks and

Cherokees, and thence with the latter line to the Chattahoochee. In

consideration of this proposed cession, the commissioners agreed that

the United States should pay the sum of $200,000 and also indemnify the

nation against the Georgia depredation claims, as well as the further

sum of $10,000 to be paid immediately upon the signing of the treaty.

To this proposition, in spite of the threatening language used by the

commissioners, the Indians invariably and repeatedly returned the

answer, "We beg leave to present this communication as a positive and

unchangeable refusal to dispose of one foot more of land."[286]

The commissioners, seeing the futility of further negotiations,

adjourned _sine die_,[287] and a report of their proceedings was made

by Commissioner Campbell thirty days later, Major Merriwether having in

the mean time resigned.

_Cherokees ask protection against Georgia's demands._--Shortly

following these attempted negotiations, which had produced in the

minds of the Indians a feeling of grave uneasiness and uncertainty, a

delegation of Cherokees repaired to Washington for a conference with

the President touching the situation. Upon receiving their credentials,

the Secretary of War sounded the key-note of the Government's purpose

by asking if they had come authorized by their nation to treat for

a further relinquishment of territory. To this pointed inquiry the

delegation returned a respectful and earnest memorial,[288] urging that

their nation labored under a peculiar inconvenience from the repeated

appropriations made by Congress for the purpose of holding treaties

with them having in view the further purchase of lands. Such action had

resulted in much injury to the improvement of the nation in the arts of

civilized life by unsettling the minds and prospects of its citizens.

Their nation had reached the decisive and unalterable conclusion to

cede no more lands, the limits preserved to them by the treaty of 1819

being not more than adequate to their comfort and convenience. It was

represented as a gratifying truth that the Cherokees were rapidly

increasing in number, rendering it a duty incumbent upon the nation to

preserve, unimpaired to posterity, the lands of their ancestors. They

therefore implored the interposition of the President with Congress

in behalf of their nation, so that provision might be made by law to

authorize an adjustment between the United States and the State of

Georgia, releasing the former from its compact with the latter so far

as it respected the extinguishment of the Cherokee title to land within

the chartered limits of that State.

The response[289] of the Secretary of War to this memorial was a

reiteration of the terms of the compact with Georgia and of the zealous

desire of the President to carry out in full measure the obligations of

that compact. The manifest benefits and many happy results that would

inure to the Cherokee Nation from an exchange of their country for

one beyond the limits of any State and far removed from the annoying

encroachments of civilization were pictured in the most attractive

colors, but all to no purpose, the Cherokees only maintaining with

more marked emphasis their original determination to part with no more

land. Seeing the futility of further negotiations, the Secretary of War

addressed[290] a communication to the governor of Georgia advising him

of the earnest efforts that had been made to secure further concessions

from the Cherokees and of the discouraging results, and inviting an

expression of opinion from him upon the subject.

_Governor Troup's threatening demands._--Governor Troup lost no time in

responding to this invitation by submitting[291] a declaration of views

on behalf of the government and people of the State of Georgia, the

vigorously aggressive tone of which in some measure perhaps compensated

for its lack of logical force. After censuring the General Government

for the tardiness and weakness that had characterized its action on

this subject throughout a series of years and denying that the Indians

were anything but mere tenants at will, he laid down the proposition

that Georgia was determined at all hazards to become possessed of the

Cherokee domain; that if the Indians persisted in their refusal to

yield, the consequences would be that the United States must either

assist the Georgians in occupying the country which is their own and

which is unjustly withheld from them, or, in resisting the occupation,

to make war upon and shed the blood of brothers and friends. He further

declared that the proposition to permit the Cherokees to reserve a

portion of their land within that State for their future home could

not be legitimately entertained by the General Government except with

the consent of Georgia; that such consent would never be given; and,

further that the suggestion of the incorporation of the Indians into

the body politic of that State as citizens was neither desirable

nor practicable. The conclusion of this remarkable state paper is

characterized by a broadly implied threat that Georgia's fealty to

the Union would be proportioned to the vigor and alertness with which

measures were adopted and carried into effect by the United States for

the extinguishment of the Cherokee title.

_Response of President Monroe._--These criticisms by the executive of

Georgia, which were sanctioned and in large measure reiterated by the

legislature and by the Congressional delegation of that State,[292]

called forth[293] from President Monroe a message to Congress upon

the subject in defense of the course that had been pursued by the

executive authorities of the United States. Accompanying this message

was a report[294] from John C. Calhoun, Secretary of War, wherein it

is alleged that at the date of the compact of 1802 between the United

States and Georgia the two Indian nations living within the limits

of that State (the Creeks and the Cherokees) were respectively in

possession of 19,578,890 and 7,152,110 acres of territory. At the date

of such compact, treaties existed between the United States and those

tribes defining the limits of their territories. In fulfillment of the

stipulation with Georgia, seven treaties had been held with them, five

of which were with the Creeks and two with the Cherokees. The lands

thus acquired from the former in Georgia amounted to 14,449,480 acres

and from the latter to 995,310 acres. In acquiring these cessions

for the State of Georgia the United States had expended $958,945.90,

to which should be added the value of the 995,310 acres given by the

Cherokees in exchange for lands west of the Mississippi, the estimated

value of which, at the minimum price of public lands, would amount to

$1,244,137.50. The United States had also (in addition to $1,250,000

paid to Georgia as a part of the original consideration) paid to the

Yazoo claimants, under the same compact, $4,282,151.12, making in the

aggregate $7,735,243.52, which sum did not include any portion of the

expense of the Creek war, whereby upwards of 7,000,000 acres were

acquired for the State of Georgia.[295]

The President expressed it as his opinion that the Indian title was

not in the slightest degree affected by the compact with Georgia, and

that there was no obligation resting on the United States to remove the

Indians by force, in the face of the stipulation that it should be done

_peaceably_ and on _reasonable_ conditions. The compact gave a claim to

the State which ought to be executed in all its conditions with good

faith. In doing this, however, it was the duty of the United States to

regard its strict import, and to make no sacrifice of their interest

not called for by the compact, nor to commit any breach of right or

humanity toward the Indians repugnant to the judgment and revolting

to the feelings of the whole American people. The Cherokee agent,

Ex-Governor McMinn, was shortly afterward ordered,[296] "without delay

and in the most effectual manner, forthwith to expel white intruders

from Cherokee lands."

_Alarm of the Cherokees and indignation of Georgia._--The views

expressed by the governor and legislature of Georgia upon this subject

were the cause of much alarm among the Cherokees, who, through their

delegation, appealed[297] to the magnanimity of the American Congress

for justice and for the protection of the rights, liberties, and lives

of the Cherokee people. On the other hand, the doctrines enunciated in

President Monroe's special message, quoted above, again aroused the

indignation of the governor of Georgia, who, in a communication[298] to

the President, commented with much severity upon the bad faith that for

twenty years had characterized the conduct of the executive officers of

the United States in their treatment of the matter in dispute.

_Message of President John Quincy Adams._--Every day but added

acrimonious intensity to the feelings of the officials and people of

Georgia. Their determination to at once possess both the Creek and the

Cherokee territory within her chartered limits would admit of no delay

or compromise. Following the Creek treaty of 1826, her surveyors were

promptly and forcibly introduced into the ceded country, in spite of an

express provision of the treaty forbidding such action prior to the 1st

of January, 1827. So critical was the state of affairs considered to be

that President John Quincy Adams invited the attention of Congress to

the subject in a special message.[299] Therein the President declared

that it ought not to be disguised that the act of the legislature of

Georgia, under the construction given to it by the governor of that

State, and the surveys made or attempted by his authority beyond the

boundary secured by the treaty of 1826 to the Creek Indians, were in

direct violation of the supreme law of the land, set forth in a treaty

which had received all the sanctions provided by the Constitution;

that happily distributed as the sovereign powers of the people of this

Union had been between their general and State governments, their

history had already too often presented collisions between these

divided authorities with regard to the extent of their respective

powers. No other case had, however, happened in which the application

of military force by the Government of the Union had been suggested

for the enforcement of a law the violation of which had within any

single State been prescribed by a legislative act of that State. In

the present instance it was his duty to say that if the legislative

and executive authorities of the State of Georgia should persevere in

acts of encroachment upon the territories secured by a solemn treaty to

the Indians and the laws of the Union remained unaltered, a superadded

obligation, even higher than that of human authority, would compel the

Executive of the United States to enforce the laws and fulfill the

duties of the nation by all the force committed for that purpose to his

charge.

The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378)) · 第 116 / 266 题