l,l','M,|.,i,'||'l I . iff THE LIBRARY OF THE UNIVERSITY OF NORTH CAROLINA THE COLLECTION OF NORTH CAROLINIANA ENI)0\XKD BY JOHN SPRUNT HILL CLASS OF 1889 C970.03 L95r v.l *\ 9o UNIVERSITY OF N,C, AT CHAPEL HILL 1 lillllllllillllil wmam 00030748852 ^ FOR USE ONLY IN [ THE NORTH CAROLINA COLLECTION THE CHEROKEES VOL. I EDITION LIMITED TO FIVE. HUNDRED COPIES GOVERNOR WILSON LUMPKIN FROM A PAINTING BY MR. MOORE, M I LLE D G E V I LLE. 1835-1836. THE REMOVAL OF THE CHEROKEE INDIANS FROM GEORGIA. BY WILSON LUMPKrN. INCLUDING His Speeches in the United States Congress on the Indian Question, as Representative and Senator of Georgia; His Official Corres- pondence on the Removal of the Cheroicees during his two terms as Governor of Georgia, and later as United States Commissioner to the Cherokees, i82'j'i84i Together with a Sketch of His Life and Conduct while holding many Public Offices under the Government 'of Georgia and the United States, prior to 1827, ind after 1841. VOIvUME I PRIVATELY PR IN TED WORM SLOE 1907 DODD, MEAD & COMPANY Publishers — New York COPYRIGHTED NAf'YMBERUEY JONES DeRENNE 1907 SAVANNAH, OA. : THE SAVANNAH MORNING NEWS PRINT. 1907 PREFACE. This history of the removal of the Cherokee Indians from Georgia is taken from two volumes MSS. in. my pos- session, entitled : "Incidents connected with the life of Wilson Lumpkin, illustrated from selections from his speeches and ofificial writings, written and compiled by himself in the seventieth year of his age, 1852." These volumes are such as were used for deeds and mortgages, and contain thirteen hundred and seventy-five pages of closely written matter, some of which are on mis- cellaneous subjects. The writing is very clear and distinct, and there are hardly any erasures or corrections. The first volume has an introduction, addressed to his children ; twelve chapters ; two notes, and an appendix. The appendix contains a lengthy article on rehgious matters, a letter to the Sarepta Association and a letter to the Rev. George Lumpkin. There is also an index to his letters. I have omitted the introduction and the appendix, and have only given extracts of the first two chapters, in which are many philosophical reflections and good advice to young people. The other chapters are given in full, except Chapter IX, entitled: "Executive Correspondence," which is wholly devoted to minor correspondence on peni- tentiary matters, and therefore not interesting. The title, the introduction, the contents of the twelve chapters, and the notes, are in his own handwriting. The second volume has ten chapters, commencing with Chapter XIII. Chapter XIX, entitled: "Continuation of senatorial service, embracing a number of speeches and remarks on the floor of the Senate, on a great variety of interesting subjects, with frequent notes and comments by the author." Chapter XX, entitled : "Continuation of senatorial service, speeches and remarks on deeply interesting sub- jects, together with frequent notes and comments by the author." These two chapters, together with Chapter XXII, which is wholly devoted to family history, are left out as irrelevant to the subject. It also has an appendix, containing three notes : A statement about the Hon. Wm. H. Crawford ; a criticism and answer to Gov. Gilmer's "Georgians;" which are in- cluded. It is almost entirely in his handwriting. WYMBERLEY JONES DeRENNE. Contents. VOLUME I. Chapter I. Chapter II. Chapter III. Chapter IV. Chapter V. Chapter VI. Chapter VII. Chapter VIII. Chapter IX. Chapter X. Chapter XI. Chapter XII. lucluding the Period of His Infancy, Up to His Eighteenth Year Including the Period from 1801 to 1812, Being 12 Years of Variegated Active Life, Embracing the Commencement of His Public Life Including Six Years of Active Public and Private Life. The First Congress in Which He Served, Etc., Including the Period Between 181 2 and 1818 Including the Period from 1818 to 1824—6 Years — A Period of Active Service and Much Interest Including the Period from 1824 to 1830 in Congress, and Other Official Stations . Including a Period of Two Years, 1830 and 1831, Congressional Duties, Speeches, Etc Including the Period from 1831 to 1836, Embracing the Period When Governor of Georgia, Executive Messages, Inaug- ural Addresses, Etc Remarks on Various Matters of Public Interest Executive Correspondence of 1832. Omitted. (See Preface.) Executive Correspondence of 1833 .... Executive Correspondence of 1834 .... Official Letters, 1835, page 9 13 31 36 49 181 196 233 300 CORRECTIONS Page 54, line 20, for 1892, read 1802. Page 268, line 22, for Foote, read Foot. Pages 276, 277, 278. 287 and 289, the name D. R. Mitchell is printed as it occurs in the manuscript, in every instance, but it is probab- ly written by mistake for D. B. Mitchell. Page 3 7, line 14, for Gieu, read Guieu. Page 350, line 3, for council, read counsel. CHAPTER I. I am a native of Virginia, and was born in Pittsylvania County, January 14th, 1783. When I was one year old my father removed to Georgia, and settled in that part of the state then known as Wilkes, now Oglethorpe, County. My parents were of English descent on both sides, and Vir- ginia the birthplace of them and their ancestors for several generations past. My mother's maiden name was Hopson. My parents had ten sons, and only one daughter. Eight ovit of the ten sons, as well as the daughter, lived to form matrimonial connections and rear families of children. I was the second son, and called after the husband of my father's only sister, Col. John Wilson of Pittsylvania County, Virginia. My father, John Lumpkin, was amongst the first settlers of Oglethorpe County, who, with his father, George Lumpkin, settled on Long Creek in the year 1784, and encountered all the difficulties and dangers of settling a wilderness, far removed from a dense popula- tion, and well cultivated fields, exposed, too, to frequent depredations from hostile and savage Indian neighbors, so far as to force them and their frontier neighbors to erect, and live within the enclosed walls of a rough, but strong built fort, for several of the first years of their sojourn in Georgia. My father had a good business education, wrote well, and was active and ready in the transaction of various branches of business. Blessed by nature with a fine com- manding person, upwards of six feet high, and perfectly erect in his carriage, naturally fluent in speech, polite, courteous and exceedingly popular in his deportment, and social intercourse with others. Rather excitable in his tem.perament, yet he had sufficient command of his feelings to control his temper, when his judgment deemed it to be proper and expedient to forbear. During a long public life, in various important county offices, few men ever maintained a more uniform popularity, although some- times censured and blamed as a public officer, yet upon due investigation, he never failed to rise higher in the pub- lic esteem. He was for many years an acting magistrate, or justice of the peace, in the County of Wilkes. After the creation of Oglethorpe County he was for many years a Judge of the Inferior Court. Was a member of the Legis- lo REMOVAL OF THE CHEROKEE latiire which passed the rescinding act of the Yazoo Fraud. A member of the convention which formed the present Constitution of Georgia, was elected a Jefifersonian Elec- tor of President and Vice-President, was for many years Clerk of the Superior Court of Oglethorpe County — besides in various minor public trusts, too tedious to mention. Tliese different positions always brought within the reach of his family a knowledge of many local public matters which were not admissible to many of the rising generation of that day. In his house were always found more newspa- pers, books and reading than was common to families of that period in similar circumstances ; in other respects few men retain so large a share of popularity, through life, in their respective spheres, as he did. From the first settle- ment of the County to this day, he and his immediate de- scendants have maintained as much character and influence in the County of Oglethorpe as has fallen to the lot of any other whatever. My mother was a woman of great strength of mind, deeply imbued with the religion of the Bible, with which Book she was so familiar as to need no concordance to find any passage of Scripture which she desired. At a very early age I paid great attention to all that was said by grown people, especially the aged. I have often sat quietly, when a small boy, at my mother's feet, and heard her detail the hazardous scenes through which my maternal uncle. Col. Joseph Hopson, passed during the War, in Morgan's Rifle Corps, in which he served in a captain's command. My father being Clerk of the Superior Court of Ogle- thorpe County, I had frequently in my school days, at times when at home, been put pretty closely, for weeks to- gether, to copying various writings appertaining to the Clerk's office, which greatly enlarged my stock of informa- tion upon various subjects, particularly the forms of vari- ous legal instruments, and the Statutes of the State upon which they were predicated ; indeed I had by this time be- come quite familiar with most of the laws of Georgia, and could readily draw up in due form all such instruments a? deeds of conveyance, bills of sale, mortgages, wills, &c., and was often called upon to perform such services by the honored, and felt amply rewarded for my labor by the kind words of praise and approbation which I generally re- ceived. From sixteen to eighteen, my time was devoted to the INDIANS FROM GEORGIA. II Clerk's office, or to laboring in and superintending my father's farm ; which period I had access to books in which I became deeply interested, and availed myself of every hour of time which could be spared from business. In his- tory, I read Josephus, Rollin, Plutarch, Gibbon, Hume and many other useful books. Blackstone I had been reading before, but it now became more and more interesting as I discovered how it was connected with, and had sprung from, the history of the past. I read Smith's Wealth of Nations, Vattel, and Paley's Philosophy with deep interest, and then became an unwavering convert to the principles of free trade. This course of reading, study and reflection, connected with the fact of being a great deal in the society of some gentlemen of liberal education, and extensive in- formation, caused me to mourn over my own ignorance and want of a liberal and regular education. My acquire- micnts in these two years enlightened me to see and feel my want of learning. My eyes were opened to a glimpse of the vast field of science and literature, necessary to be explored, in order that a man may be prepared for the greatest usefulness to his fellow men. My desire for knowledge v.'as intense, but everything like hopeful aspira- tions after it was often completely checked, from my want of means to embark in any thing like a regular course cl learning. I ignorantly believed that it was wholly impossi- ble for me under all the existing circumstances to become a highly educated man. I did not see then how I could at- tempt such a course. All this I now know was ignorance, and if I at that time could have believed that I should have accomplished the little I have done, I should cer- tainly have accomplished a great deal more than I have. Therefore I say to the young — Try — patience and perse- verance in well doing rarely meets with a negative. Pre- vious to this time, for several years, I had intended to pre- pare as well as I could, and finally become an attorney-at- iaw, and perhaps at the proper time to embark in politics. But when about eighteen years of age the humble estimate 1 put upon my acquirements and talents caused me, as I then thought, decisively to make up my mind to abandon all idea of engaging in pursuits of ambition or worldly dis- tinction. And I at once determined, youth as I was, to seek felicity in the connubial state, and in a correct and vir- tuous discharge of all those duties devolving on so im- portant and responsible a situation. Believing as I then and now do, that the nearest approach which this world 12 REMOVAL OF THE CHEROKEE affords to Paradise is to be found in rural life, in the midst of virtuous and well conducted family organizations, "But happy they ; the happiest of their kind Whom gentle stars unite, and in one fate Their hearts, their fortunes, and their beings blend." Suffice it, for the present, to say on this head of my dis- course, that I married the wife of my choice, three years and upwards younger than myself.* That we lived to- gether nineteen years, when it pleased God to take her to that "house prepared for her in heaven, not made with hands, but eternal." She had all the merits of a faithful good wife, and the time we lived together did but endear her the more to my heart. She was the mother of five sons and three daughters. Three of the sons had been com- mitted to the tomb before her departure. The other five children are still living. ^Elizabeth Walker. CHAPTER II. The three tirst years of my married life were devoted with untiring energ\^ to improving my circumstances, and adding to the comforts of my humble home. I had good productive land to improve, and a few negroes to help me do the work. I lost no time from my domestic duties, ex- cept in the discharge of citizenship, or those which apper- tained to my Church of which I had become a member. I did, however, occasionally do heavy jobs of writing for my father, who still held the office of Clerk of the Superior Court, an 1 a portion of the twentieth and twenty-first years of my age was spent in teaching school, in a house built by my neighbors near my own residence. Before the school year closed I had upwards of forty scholars, and was perhaps one of the most popular teachers in all the county around. But with the close of this school terminated my being a school master. "A man's heart deviseth his way ; but the Lord direct- eth his steps." I was now about to launch into a field for which I had to some extent been trained, and which I had voluntarily, and as I thought forever, abandoned. On the first Monday in October, 1804, I was elected a member of the Legislature of Georgia by a vote of the people Df Oglethorpe County, extraordinary for its approach to gen- eral consent. I was thus, without the slightest seeking on my part, transferred by the popular voice from my school house to the halls of legislation. Upon taking my seat in the Legislature, I felt that I was a novice, the youngest man in all the Legislature. But at this my first session as a member of the Legis- lature, I became somewhat familiar with legislative and executive affairs. At the close of this session, my applica- tion had been such that I was perfectly familiar with parlia- mentary order, as administered in the Legislature of Geor- gia. And the presiding officer of the House was Abram Jackson, of Burke, (bro. to our distinguished Gen. James Jackson) and a man of more than ordinary qualifications for the station with which he was honored. At this time Gov. Milledge filled the Executive chair, with ability and dignity. (13) 14 REMOVAL OF THE CHEROKEE At this period of our Republic Mr. Jefferson filled the Executive chair of the Union, and the popularity of his principles and administration was such, that there was no such thins^ as an open avowed organized partv opposed to him and his Republican administration. At this day, we had had no avowed Federal party in Georgia. Political parties fifty years ago in Georgia, and indeed long since, turned more upon popular leaders — more on men than on meas- ures. Mr. Crawford and Gen. Clark were at this time per- sonal enemies, and each of them had a controlling influence over a considerable portion of both branches of the Legis- lature, while perhaps a majority of the members, like my- self, desired to keep aloof from the personalities of these gentlemen. Mr. Crawford and his friends, with whom I was the most intimate, were in the habit of calling Gen'l Clark and his friends the Federal party, and accused Gen'l Clark and some of his leading friends (truly) of having held office under John Adams, the elder; moreover, they alleged that Clark and his friends were connected with and participated in the odious, corrupt, hateful, and abomina- ble Yazoo Fraud — perpetrated through the instrumentality of the corrupt Legislature of Georgia, in the year 1795 — which transaction, though rescinded, and expunged from the records of the State, cannot be thought of by men of my age without a blush of deep mortification and regret that the integrity of their beloved State should ever have been thus tarnished. Upon the other hand, Gen'l Clark and his friends claimed to be the direct descendants of the principal leading Whigs of the Revolutionary War, in the Southern States, and of having gained our State from the mother country, as well as the savage foe. They gloried in the name of Washington, the Father of his Country, and alleged that he brought Mr. Adams into the Presidency, as his successor, and that the revolu- tionary services and patriotism of Adams himself, con- nected with the confidence reposed in him by Washington, had led them to accept office under his administration ; and that they were not selected for office on account of their present afifinity with Federalism, but on account of their distinguished Whig connections of the Revolution. Truly and indeed, Clark and most of his leading friends of that day professed to be, and in many respects sustained well, the character of real Democrats, if not Red Republicans. In regard to the Yazoo Fraud, the facts are these, as the records of the countv will still show : neither Clark nor INDIANS FROM GEORGIA. 15 any other man in Georgia has ever been promoted to high office, who, in any tangible way whatever, participated in bringing about that despicable transaction, either directly or indirectly. Gen'l Clark and many other individuals, who seem never to have had any thing to do with the infamous transaction until the Legislature had consummated their crime, afterwards became purchasers of scrip or lands purchased by the speculators under the fraudulent act of the Legislature. For my own part, I always condemned even this distant connection with the infamous transac- tion. Yet many men of honor and great integrity of character in Georgia reasoned differently, and considered their second hand purchases fair and legitimate. For many years the validity of the titles of the speculators was litigated before the highest judicial tribunals of the coun- try, and the opinion of many of the ablest legal men of the country was in their favor. Indeed Congress, after Geor- gia had transfered her right to the land to the Federal Government, passed liberal compromise acts, under the provisions of which the litigation was finally adjusted. Gen'l Clark at various times conversed with me on the subject of the Yazoo Fraud, and always expressed the strongest indignation against the corrupt and fraudulent transaction, and seemed to feel justified in purchasing back, upon the best terms he could, an inheritance of which he had been unjustly defrauded. Gen'l Clark, and his friends, professed to consider their opponents in the light of a combination of mere office-seekers, destitute of all fixed political principles. The leaders were composed chiefly of lawyers, who could with srreat facility, with our then scattered population, govern the politics of the State. Up to this time, and for many years after, there had been no organized division of parties on general politics. All aspirants to office professed to belong to the Repub- lican party. We never had more than one State ticket for Electors of President and Vice-President, until General Jackson became a candidate for the presidency. Under this state of things, on my entrance into the Legislature of Georgia, I imbibed a disrelish to becoming a partizan to either of the factions. I had much respect and real regard for the leading men on both sides, and appreciated their courtesy and kindness to me. But I did not participate in the prejudices of either. At the close of the session, I re- turned to my family and constituents, to render an account of my stewardship, and was very generally greeted with l6 REMOVAL OF THE CHEROKEE kindness. On the first Monday in January following, with- out my being consulted on the subject, I found myself ap- pointed a magistrate of my district, the Inferior Court at that time being the appointing power. I sincerely regret- ted the mark of confidence, but the people of my neighbor- hood and district would not listen to any apology or ex- cuse tending to declination. I felt myself bound to accept, and accordingly forthwith entered upon the duties of my new ofifice. I held the office for some years, and believe gave very general satisfaction. But I now state in candor, and in truth, thrt from that day to this I never have filled an office, in which I oftener found myself embarrassed, and at a loss how to proceed. You who live in Georgia, at this time, will please to suspend your surprise, while I give you some account of the then existing state of things. And first, at that distant period, some magistrates felt morally and conscientiously bound to do their duty. They felt that they were conservators of the peace of society — in their spheres, they felt bound to execute the laws. They were measurably destitute of those valuable books of forms, now in the hands of every one. The Statute laws of the State had not then been extended to one-half of those cases of litigation and controversy which from time to time arise in society. The magistrate in those days had but little of what is called precedents before him. I had read Blackstone, I knev/ something of what is called com- mon law ; but had to exercise due caution how I referred to such authority, when in the presence of my brethren of the same Bench. I had to act as parson in solemnizing the bands of matrimony. I had to counsel both plaintififs aMid defendants, when, in a strait, it was difficult to obtain legal advice, for lawyers were not so plenty then as to make it necessary to ride double. Each one then could aflford himself a horse. I had to write deeds of conveyance, bills of sale, mortgages, marriage contracts, wills, memorials to the Legislature and to Congress, articles of agree- ment — of copartnerships — and to give advice to all my neighbors, in regard to legal matters — indeed the time T occupied this office I consider the most memorable of my whole life. The most useful part of my labors in this office, however, must be attributed to my success as a peace maker — before I relinquished the office I was able to effect amicable settlements between contending parties, and re- store peace and harmony, without resorting to the law in most Ccises, and in all practicable cases I invariably pur- INDIANS FROM GEORGIA. 17 sued that course. For several years I continued to serve in the Legislature of Georgia, with the general approba- tion of my constituents, and I trust with somewhat im- proved qualifications to render them useful service. The Legislature of Georgia, at the period of which we are speaking, as hereinbefore suggested, was to a consid- erable extent composed of gentlemen highly qualified for the discharge of the important duty of legislating for a state destined to become conspicuous in our great con- federacy of states ; and the transactions growing out of the Yazoo Fraud had pretty nearly purged the state from political corruption in her counsels and government, and I should have enjoyed the privilege of a seat in the Legis- lature of Georgia very highly, but for faction and polit- ical strife, based rather upon personal considerations than that of vital and fundamental principle of government. Lvery man of experience knows the difficulty under our system of government of being an official man, and at the same time keeping aloof from two contending parties. This was the position I had sought to maintain. I found things to censure and approve in both parties — I believed that both had equal claims to patriotism — and I could not in good conscience heartily enter into warfare for any man or set of men. I felt desirous that these strifes might cease. I desired no other motto than "God and our country." Under these considerations, in connection with the growing demand for all my time and services, being de- voted to my family, I withdrew from the bustles of public life — I thought forever ; but it was at best for a short time. By natural increase, in nine years my family, including the colored with the white, had increased three-fold — which added greatly to my charge, and little or nothing to the productive^labor of my establishment. But by the industry, care and good economy of my wife, and my assiduous de- votion to my domestic affairs, when not actually engaged in public matters, we had enlarged and greatly improved. Our real estate was free from embarrassment and debt, and the way open to work for a living. Having spent my life in Georgia, and having seen but little beyond its borders, and often hearing the glowing descriptions of the great West, from the lips and pens of intelligent and gifted men, I be- came restless, and felt disposed to seek a better earthly paradise, and after much reflection on the subject, on the first of September, in the year 1811, in company with four l8 REMOVAL OF THE CHEROKEE Other gentlemen of Oglethorpe County, I set out for what was then considered the far West. We traversed what is now the States of Alabama and ]\Iississippi, and took a general view of what is now considered the most desirable portions of those States, although the country was then chiefly occupied by the Indians. From Xatchez'to New Or- leans, we examined the Mississippi bottoms, and its ap- purtenances. We crossed the Mississippi and proceeded up the Red River about one hundred miles. Our return route was through Tennessee and Kentucky. We were almost incessantly traveling for near four months, and arrived at home just before Christmas. We examined everything of most interest, on the line of the route herein designated. It would be superfluous for me to refer to my old Note Book and Journal, which was faithfully kept from day to day, and is still preserved, in order to describe the country explored, its advantages and disadvan- tages, and the views which I then entertained, the conclusions to which I arrived. All this kind of infor- mation can now be derived from sources far more accurate and ample, and therefore more entitled to consideration. Suf^ce it for me to say that I returned home fully satisfied that, all things being taken into consideration, a better earthly country than Georgia, for the whole population, could not be found under the sun. And I think so yet. I have seen richer lands elsewhere than in Georgia. But her variegated soil, climate and productions, in connection with her advantages of water, commerce and population, are unsurpassed, and should satisfy any mortal man. Georgia is a favorable land to prepare for an abiding home. During this long and hazardous journey, through the wild wilderness and savage men of the forest, I was wonderfully preserved from fatal disasters. We not only penetrated and explored the land of the heathen, but for many days' travel ; on different parts of our route, we fol- lowed the trails and paths of the savage which were known at that time to be infested with bands of the most bloody robbers. We spent one day at the great Indian Council, held at Tuckabatchee in the Creek Nation, when not only all the tribes of the different nations of the Indians of the Southern States were represented, but a delegation of the Northern tribes, headed iDy the distinguished Chief Tecum- seh, were in attendance. We now know, that at that very council it was resolved by the Creek Indians to unite with Tecumseh and his Northern hordes in aiding: the INDIANS FROM GEORGIA. jo British in their anticipated war with the United States. Indeed, while I was yet in the wilderness, I heard of the death of Arthur Lot and his son, murdered by the Creek Indians, in the path which I had but recently traveled. And before, or just after my return home, I lieard of the massacre of the inmates of Fort Mimms, near the junction of Alabama and Tombigbee rivers, a place where I had spent several days to recruit my stock of provisions. For during the greater portion of our journey we carried our subsistence on pack mules, attended by our servants. We observed all the time we were amongst the Creek Indians that they were unaccommodating, stubborn and insolent. We were watchful and guarded in all our movements, but entertained but slight apprehension of any serious danger. CHAPTER III. In June, 1812, the Congress of the United States de- clared war against Great Britain — which, if nothing else, rendered it entirely inexpedient for me to think of remov- ing with my family to the country which I had selected for that purpose. My country now being involved in war, I felt it to be my duty, regardless of my private interest, to give my best services to her ; and accordingly at the ensu- ing election, in October, the people of Oglethorpe County, in that spirit of kindness and partiality which they had uni- formly extended to me from early boyhood, again elected me to represent them in the Legislature of Georgia. It may be proper here to state that I never, at any season of my life, felt any taste or desire to engage in military life. I never had a taste for human slaughter, and therefore did not seek the glory of military fame. I continued to serve in the Legislature of Georgia for the two first years of the war, and took an active part in all those measures deemed necessary to meet the existing exigencies of the country. But without entering upon the details of my own particular acts, suffice it to say that I became con- vinced, from my intercourse and business connection with gentlemen from every part of the State, that the people desired to transfer me from a seat in the Legislature of the State to that of the Congress of the United States. I therefore became a candidate for Congress at the ensuing October election (by general ticket) in 1814. And I was elected the highest man on the ticket, except Mr. For- syth, who received a few more votes than myself. The delegation consisted of Mr. Forsyth, myself, Wilde, Alfred Cuthbert, Thomas Telfair, and Boiling Hall. Being elected more than a year before the time of entering upon the duties of my new appointment, afforded me time for the study and consideration of the various duties of the new station to which I had been called, and you may rest as- sured I endeavored diligently to make the very best use of the time thus afforded. Before I took my seat, the country was again restored to peace, by the Treaty of Ghent, entered into between the two belligerents. When I arrived at Washington, in the latter part of (20) INDIANS FROM GEORGIA. 21 November, 1815, to enter upon my duties as a member of Congress, I then first beheld the Capitol of the country — the mansion of the President and other public buildings, undergoing repairs, having been blown up, and greatly in- jured by the vandal hands of the enemy during the war — • Congress had necessarily to transact its business in anoth- er building, temporarily prepared for the purposes. Al- though peace had been restored to the country, this Con- gress met under circumstances of great responsibility, re- quiring a degree of patriotism, wisdom and statesmanship equal to any which had ever preceded it. The debt of the United States, liquidated and unliquidated, was not less than one hundred and thirty millions of dollars. The country had but little specie, and the paper circulation was not onlv deranged, but was to a great extent worthless — so little confidence was placed in the Bank bills then in circulation, that you could scarcely travel from one state to another, without the bills of the state in which you were journey- ing. The time had now arrived for changing and adjust- ing all the Legislatures of the country from, a war to a peace establishment. The experience gained during the war had unsettled and changed some of the former fixed and settled opinions of many of our distinguished states- men. Our little Navy had fought itself into popularity and favor. The dreadful state of the currency of the country had produced conviction on the minds of many that the finances of the country could not be managed successfully without the aid of a National Bank. The suffering of the country for the want of many of the necessaries of life, during the war, when our commerce was cut off, caused home or domestic manufactures of every kind which had sprung up during the war to have very many strong friends in Congress, who were disposed not only to en- courage but to protect those infant establishments from foreign competition, by laying heavy duties upon imports. There was another class of statesmen, who had always belonged to the old strict construction school of politicians, who although in favor of encouraging manufactures, by laying high revenue duties on foreign imports, because necessary to raise money to pay the debts of the nation, did not concur in the policy of legislating for the express object of encouraging any one branch of industry, in pref- erence to, or at the expense of, another. They then, as now, denied the constitutionality of a protective tariff. Nor was the tariff of 1816 passed principally to protect, but 22 REMOVAL OF THE CHEROKEE incidentally to encourage manufactories, and raise money to pay the debts of the nation. All at that time desired the increase and prosperity of domestic manufactures, with a view to the independence of the country, in time of war as well as peace. But many, then as now, protested against the constitutionality of a protective tariff designed to enrich individuals, or sections, at the expense of other sections, or individuals engaged in different pursuits. I voted in favor of the tariff of 1816, for the purpose of rais- ing money to pav the public debt. And to avoid a resort to direct taxes for that purpose, and with kind feelings to that interest, at the time I was pleased at the incidental encouragement which it afforded. Popular favor at this time was loud and strong in favor of the Federal Gov- ernment prosecuting various works of internal improve- ment with a view to the common defence and general wel- fare of the country. It had been seen, during the progress of the war, then just terminated, that for the want of roads, and other practical improvements, to facilitate transportation from one point to another, the country had suffered immense loss of both men and money. The army as well as the munitions of war, including subsistence for the army, very often had to perform a long, hazardous and circuitous route (for the want of a direct road) which cost the government a vast amount of money, often accom- panied by the most serious disasters. The transportation of a barrel of flour one hundred miles sometimes cost more than the purchase of three barrels. Under all the circumstances existing at this time, many of the members composing this Congress, who had hitherto acted with the old Republican party of the country, and who professed the faith of the Virginia and Kentucky resolutions of 1798 and '99. manifested a strong disposition to favor meas- ures of a liberal and latitudinarian character. It is difificult for the most enlightened men of the present generation to review the proceedings of this Congress without doing much injustice to many of the prominent actors on that theater. Many members of this Congress, who with Jeffer- son and Madison at their head, had zealously contended for the most strict construction of the Federal Constitution, for state sovereignjty and state rights — who had denied to Congress the power to charter a United States Bank — to foreign imports — or by constructing and carrying on a sys- tem of internal improvements by the Federal Govern- ment, were now found with Mr. Madison at their head, INDIANS FROM GEORGIA. 23 more or less sustaining^ and encouraging a latitudinarian policy which they had hitherto repudiated and condemned. Mr. Madison, in his annual message to this Congress, says : "In the absence of the precious metals, it devolves on the wisdom of Congress to provide a substitute which shall equally engage the confidence, and accommodate the wants of the citizens, throughout the Union. And, if the operation of the State Banks cannot produce this result, the probable operation of a National Bank will merit your consideration." On the subject of manufactures he says : "Under circumstances giving a powerful impulse to manufacturing industry, it has made among us a prog- ress, and exhibited an efftciency which justify the belief, that with a protection, not more than is due to the enter- prising citizens, whose interests are now at stake, it will become at an early day not only safe from competitions from abroad, but a source of domestic wealth, and even of external commerce. In selecting the branches more espe- cially entitled to public patronage, a preference is obvi- ously claimed by such as will relieve the United States from a dependence on foreign supplies, ever subject to cas- ual failures, for articles necessary for the public defence, or connected with the primary wants of individuals." Mr. Clay, now Speaker of the House of Representatives, and who had not long before returned, as one of the successful negotiators of the Ghent Treaty, was at the time, emphati- cally the great Magnus Apollo of the great Republican ■ party, and most efficiently and successfully :.-upported all the most important policy and recommendations of Mr. Madison. Moreover, he was sustained by a number of gentlemen who have long since distinguished themselves as the first statesmen of the age. On this list vou will find the names of Calhoun, Lowndes, Forsyth, Wilde, Ingham, Yancey, Middleton, Judge McLean, of Ohio, &c., &c., be- sides a host of talent in the opposition rarely equalled, and never perhaps surpassed. Indeed this Congress was very highly distinguished for talent, genius and political experience. Besides those named, there were Timothy Pickering, Daniel Webster, John Sergeant, Wm. Gaston, Grosvenor of New York, Philip P. and James Barbour, of Virginia, John Randolph, of Roanoke, and his half brother, Henry St. George Tucker, Sheflfey, Judge Nelson, Gov. Tazewell, Gov. Pleasants, Wm. Roane, and Wm. A. Bur- well, all of Virginia, R. M. Johnson, and Gov. Desha of Kentucky, T. B. Robinson, of Louisiana, Hulbert and 24 REMOVAL OF THE CHEROKEE King of Massachusetts, Hopkinson of Philadelphia, Wm. Pinkney of Maryland, Nath'l Macon of North Carolina, Gov. Bibb of Georgia, Wm. R. King of Alabama, besides a great number of highly talented individuals, not enumer- ated in this list. But my principal object is to evince, that it should be no matter of surprise that such men as Madi- son, Clay, Lowndes, Calhoun, and their followers, should have succeeded in incorporating a National Bank, have laid the foundation for a protective tariff, and have pre- pared the way for the Federal Government to enter on a system of internal improvements. The measures on these several subjects, however, were not consummated without a most vigorous opposition — such men as John Randolph, P. P. Barbour, Wm. A. Burwell, Nath'l Macon, and many others, opposed these measures on constitutional grounds, and they were aided and strengthened by the violent por- tion of the old Federal party, who still sought to embar- rass any administration of the government, called Repub- lican. Yet in all the proceedings of this Congress, I can now more clearly see than I then apprehended, that pre- liminary steps were taken, and the way was preparing, for what has since been called the era of good feelings under the administrations of Mr. Monroe ; there were many men in this Congress disposed to blot out from the book of remembrance forever political strife, and join in the cry, "we are all Federalists — we are all Republicans." In this Congress, I often felt myself embarrassed and at a loss, to determine on the path of duty — I was a Democrat, by na- ture, and a Republican from principle, education and all the intimate associations of my past life. I was not then sufificiently acquainted with all the historical facts con- nected with the formation of the Federal Constitution, and with the history of the state governments, touching their Federal and Constitutional union, to enable me independ- ently of all testimony except records, to form opinions for myself on controverted constitutional points. T now saw- many of the old leading Republicans, who had once op- posed National Banks, Protective Tariffs, a system of internal improvements by the Federal government, &c., &c., pleading for the expediency and necessity of these measures. While Macon, Randolph, P. P. Barbour and others adhered to their old Republican faith, under these circumstances and under the impression that nothing else presented to my mind could save the country, I voted for the charter of th.e National Bank, as well as for the Tariflf INDIANS FROM GEORGIA. 25 of 1816. But I have long since repudiated these votes, be- Heved myself to be better informed, and have been firmly resolved that no necessity whatever should ever induce me to contribute my mite to the enlargement of the powers of the Federal Government one hair's breadth be- yond the limits of the Constitution. I have long believed, and that belief is constantly confirmed by passing events, that the consolidating tendency of the Federal Govern- ment is the great rock upon which our glorious union of states will be sundered to fragments. In attending to the business and debates of this Congress, an ample oppor- tunity was afforded me to listen to many of the ablest parliamentary debates which have ever taken place in this, or any other country. Here the intellectual power and oratorical ability of the greatest men might be daily com- pared and contrasted. Here for the first time, and they in all the glory and bloom of manhood, I witnessed some of the greatest speaking efforts of Clay, Calhoun, Web- ster, Randolph, Pinkney, Lowndes, Sergeant, Forsyth, Hopkinson, Barbour, Sheffev, Gaston. Grosvenor, Hub- bard, Mills, &c., &c., &c. This first Congress in which I ever served broke the scales and opened the book in which is recorded the act- ings and doings of statesmen, politicians, and partisans r and although I have read much and studied more, on the subjects therein revealed, I have long since despaired of ever reaching to the end of the chapter. Man is man ; and with all the ennobling endowments which fall to the lot of those who are the most highly favored, yet we be- hold a compound of good and evil — marks of depravity, like dark spots on the sun, may at times be seen without the aid of a telescope. I beheld in my countrymen tal- ents, patriotism, experience, and wisdom, with a little spice of selfishness, wherever I turned. I then thought, and think still, that Nathaniel Macon was the wisest and best man, in Congress. John Randolph was the Ishmael' of the House — as independent, and I believe as honest, as Mr. Macon, but not so prudent or wise. He cried aloud and spared not — he exposed the political sins of all the prominent public men of the country — and after occupying; three days in one Congressional speech, he declared he- had only arrived at the threshold of his subject. Mr. Ran- dolph in his speeches talked about everything, and con- fined himself to nothing in particular. Yet he never failed deeply to interest his entire audience from the be- 26 REMOVAL OF THE CHEROKEE ginning to the end of his speeches — even when they were extended over three Congressional days. The appearance of the man, his pecuHar shrill voice, his original manner, the ease with which he commanded the very word which was best suited to inforce his idea, his deliberate, thought- ful appearance, his distinct articulation — all. all combined to make him the most extraordinary man of the age. At that early day I learned enough of the character of Mr. Calhoun's mind to see that if you admitted the pre- mises which he laid down, his powers of logic, analogy and condensation were such as to make him whollv irre- sistible ; which induced me from that time, throughout my long and intimate acquaintance with him, to examine fully, before I assented to his premises. He excelled all other men in concentrating and condensing thought. A perspic- uous speaker and writer, and yet always concise, ambitious of fame, but still more so of integrity of character, and the honor and glory of this country, Mr. Clay's oratory exercised an influence over his audiences unequalled by all competitors. The same words used by him, if used by any other man, would have fallen vastly short of produc- ing the same effect. I then viewed Mr. Webster as the young giant of Federal strength, and time has proved that I was not mistaken. Mr. Lowndes was the most ac- complished statesman of his age, and as a high-toned, courteous, unassuming gentleman, unsurpassed. Had his life been spared he would have been called to the Presi- dency by general consent. He stood unrivalled in the con- fidence and afifections of all. But the digression from my subject would be inadmissi- ble for me to speak of P. P. Barbour, Forsyth, Sergeant, Hopkinson, Gaston, Grosvenor, Pleasants, Pinkney, and scores of others, whose distinguished abilities won for them, more or les^ the admiration of the country. The measures of this Congress, whether wise and politic or not, certainly acted temporarily as a charm upon the coun- try, and an unparalleled degree of prosperity ensued. In less than two years, every product of the country v/as en- hanced in value, and our great Southern staple sold in Augusta at upwards of thirty cents per pound. But for one unwise and indiscreet measure, the acts of this Congress would have received the general approba- tion of the country. I allude to the act of changing the compensation of members of Congress from a per diem allowance to that of a salarv. It was at that time six dol- INDIANS FROM GEORGIA. 27 lars per day, and was changed to fifteen hundred dollars per annum, without regard to the number of days in act- ual service. I thought the principle of the change from a per diem allowance to a stated salary wrong, and there- fore, with the whole delegation from Georgia, voted against it, at every stage of its progress. But it was passed by a small majority, and became the law of the land. Per- haps no law which has ever passed Congress produced so general an excitement throughout the whole land. Editors of newspapers, of all parties, people of every grade and condition, denounced the law. Those who voted against the law, but received the compensation under it, were even worse than those who voted for it, inasmuch as they were the receivers of stolen goods, &c. This ex- citement was headed all over the United States by office- seekers, and demagogues, and zealously kept up until after the next Congressional election in all the states, and resulted in an almost entire change of members of Con- gress, throughout the Union. Mr. Forsyth of Georgia was the only re-elected member. For myself, I was so conscious of my innocence in deserving the slightest blame in the matter, I felt assured that the people would justify my conduct, and re-elect me. and thereby take oflf any reproach which the excitement had improperly at- tached to me. I therefore suffered my name to go out as a candidate for re-election — remained quietly at home, rather disgusted at so unexpected and undeserved an at- tack, and treated my active opponents with silent con- tempt. The result of the election, however, satisfied me that error may temporarily triumph over truth, and that vice, as well as virtue, has its triumphs. I was beaten by a small vote, but had a much higher vote than any of my old colleagues, except Mr. Forsyth — and all the old dele- gation were candidates, except Mr. Hall. The most violent opposition to my re-election came from a quarter where I had least expected it. It was from the intimate personal friends of the Hon. Wm. H. Crawford, to whom I had from my boyhood been person- ally and politically strongly attached, as well as my family relations and best friends. I suspected at the time this opposition to me originated with Mr. Crawford himself, but in this I might have been mistaken, for I still have his letter written to me on the subject, in which he says he voted for me himself, and advised all with whom he con- versed on the subject to do the same. My principal reason 28 REMOVAL OF THE) CHEROKEE for suspecting Mr. Crawford was founded on a piece of history, which I feel it my duty here to give. During the session of Congress, upon which I have so long dwelt, I found from my intercourse and acquaintance with all the public men of the country, as well as with citizens from every quarter of the Union, attending at the Capitol on business — that the public opinion of the country, with un- paralleled unanimity, had concentrated on Mr. Monroe as the successor of Mr. Madison, at the approaching Presi- dential election, which was to come ofif in the fall of 1816. Mr. Monroe's long career of popular services, commencing with the Revolutionary War, and running through near forty years, he having filled many of the most distinguished and important oflfices of the country, both at home and abroad, and especially the vigor and ability with which he had served the country, during the recent war, then but just closed, pre-eminently pointed to him as the patriot and sage of the country most entitled to the next Presi- dency. But notwithstanding all this, during this session of Congress the managing politicians in such matters determined to hold a caucus, to be composed of the Re- publican members of both Houses of Congress, for the purpose of nominating a candidate for the Presidency. As the time drew nigh for the meeting of the caucus, I was perfectly surprised and astonished to find so many of my political friends and associates in favor of nominating Mr. Crawford, in preference to Mr. Monroe, for the Presidency. I told them I desired to see Mr. Crawford President of the United States, but that it was altogether premature to put him up in opposition to Mr. Monroe, who was known to be the choice of the country. I said that if Mr. Crawford was selected by the caucus, the people would overwhelm such a proceeding with a voice that could not be resisted. Finding me altogether ungovernable by party leaders on the subject, a distinguished friend from Virginia, the Hon. W. A. Burwell, divulged to me the whole secret. The ob- ject was, for Mr. Crawford to be nominated in caucus, which would place him in advance of all other aspirants for the Presidency, as successor to Mr. Monroe. Mr. Craw- ford was known to be a man of too much sagacity to allow his name to be run for the Presidency in opposition to Mr. Monroe, under the then existing state of public feeling and opinion, 'i'he gentleman named observed that if Mr. Crawford could only get the caucus nomination, when it was communicated to him, he would of course decline the INDIANS FROM GEORGIA. 29 honor, in favor of Mr. Monroe, which act of patriotism and unanimity would place him far ahead of Adams, Clay, Calhoun, and all others, as rivals in the succession to Mr. Monroe. I then gave it as my opinion to all the gentlemen with whom I conversed on this subject, that the course they were pursuing, although not so intended, was of all others the best calculated to destroy Mr. Crawford's future politi- cal prospects. That it would have a tendency to unite and combine the influence of all other rivals and aspirants for the Presidency against Mr. Crawford. He being thus prominently put forth, as a mark, at this time, all others would unite to put him down first, and then scuffle among themselves for the ascendency. These my opinions were not withheld from Mr. C, but freely and fully communicated to him in person, and he professed to concur with me fully on every important point. I at- tended the caucus and voted with an open ticket for Mr. Monroe, and he received the nomination by a majority of a few votes only over Mr. Crawford. It has long since been demonstrated that my views on this subject were en- tirely correct, and if my advice and wishes had been fol- lowed, I now believe that Mr. Crawford would have been President of the United States before his death. But what I am here recording taught me some new lessons in politi- cal tactics which I shall scarcely forget in this life. Fail- ing in a re-election to Congress, I cherished a spirit of submission to the public voice, which has never failed to console me through all the vicissitudes of political life. I felt strong and confident in the rectitude of my whole conduct in regard to the compensation law passed by Con- gress, and for which I had been rejected by the people. Moreover, I did not entertain the shadow of a doubt but that "the sober, second thought of the people" would re- verse these decisions, and do me ample justice. And it is now a matter of recorded history, in the transactions of the public affairs of Georgia, that the whole delegation, my- self included, who were thus censured without a just cause, have, from that time to this, been amongst the most pop- ular men in the state, and have enjoyed the public confi- dence, with a stability rarely equalled. These circum- stances connected with my own history did much to estab- lish and confirm my faith in relying on the people, be- lieving them not only capable of self government , but of wise self government. For the want of correct informa- 30 . REMOVAL OF THE CHEROKEE tion, the people are often misled, and commit gross errors. But they are not too proud to correct their own errors, and when their interest requires the correction. The great body of tax paying people are neither office holders nor officeseekers, and will never be the willing tools of selfish demagogues — officeholders, and ofificeseeker?. When the unofficial tax payers see their error in regard to any public matter, they promptly to the right about face, and consider it no degradation of honor to change their opinions upon proper evidence. Therefore, it is vain for any political trickster to expect to retain the confidence of the people by management and deception. He who wants the confidence and support of the people must serve them, with honesty and fidelity. And in situations of public trust he will often find himself called to the discharge of duties which he can see at the time will subject him to censure, and distrust, until the public can be informed of the whole grounds upon which he acted. But in such cases, let no man's heart fail him — truth is mighty and will prevail. After serving out my Congressional term in 1817 and 1818, I returned to my family and home in Morgan County, to which place I had removed my family, previous to going on to Congress. I had sold my possessions in Oglethorpe County, and pro- cured some fine farming lands in Morgan, with a renewed resolution to abandon public life, and devote my whole energies to my domestic duties, as a private citizen. My first farming and planting operations in Morgan, the year 1818, was attended with great success — although a year of drought, I made a fine crop, and sold it at very high prices. I was much pleased with my change of resi- dence, and still more so with my change of public for pleasing private employment. CHAPTER IV. Without any previous notice — and entirely unsought and unexpected on my part — in the fall of 1818, President Monroe sent me through the Post Office a commission and instructions, as United States Commissioner, to run out and superintend the designating of the treaty lines of the Treaty made with the Creek Indians, at the Creek Agency on Flint River, in January of that year. With re- luctance to leave my domestic affairs, after due considera- tion, I determined to accept the appointment, and imme- diately proceeded to make the necessary preparations. Having first to notify the Executive of Georgia, as well as the Creek Agent, of my appointment, and request the proper authorities to appoint their respective Commission- ers to attend me, in designating and marking the lines ac- cording to the Treaty — after having accomplished this business, and reported the same to Washington — I was gratified by being highly complimented by the Secretary of War, for the ability and economy with which I had dis- charged the troublesome duties committed to my charge. I was liberally compensated for the discharge of those duties ; besides I had the satisfaction of gaining a great deal of useful knowledge and information connected with the Indian character and our relations with the Indian tribes generally. Although I had seen and known some- thing of Indians and Indian character from early boyhood, yet I may consider this my first regular schooling, in relation to and study of our Indian relations, and the policies of the states and the United States towards them. And at that time I had no presentiment of the time and labor I was destined to spend in connection with the affairs of this aboriginal race. From that time forward they became a more interesting object of my solicitude. In Februarv. 1819, a Treaty was entered into at Wash- ington, between J. C. Calhoun, Secretary of War. and the Cherokee Indians, by which a considerable acquisition of land was obtained, and I was again commissioned, and dis- charged the duties of Commissioner, as herein suggested and pointed out, in regard to the Creek Treaty, and this was my second lesson, with a different tribe of Indians, in 32 REMOVAL OF THE CHEROKEE regard to our Indian relations. Toward the close of this year, all my earthly plans were revolutionized by the death of my beloved wife. If I were to make the attempt to exhibit to others my reflections and the state of mind for months after the death of my wife, it would be a fail- ure. I feel that it was a portion of the past too sacred and afflictive for me to dwell upon. Suffice it to say that about one year after the death of my wife I felt that some change in my daily avocations had become neces- sary to my mind and body, to my usefulness to my fam- ily, as well as to society. Under this pressure, I yielded to the desire of the people of Morgan County, and was again elected a member of the Legislature of Georgia. This service in the Legislature extended my acquaintance to the new men of Georgia who had entered on public life since my last association with that body. Moreover, I dis- covered a strong disposition, on the part of most of the then leading men of Georgia to see me in a more extended and conspicuous sphere of public service. But I am mis- taken, if my own private feelings and desires were not all averse to mingling with the strifes of political life. The leading men of what was then called the Clark party were particularly kind and courteous to me, and some of them occasionally ventured to express their feelings of dis- pleasure at my being left out of Congress, by the extra- ordinary exertions of the leading men of what was called the Crawford party, Gen'l Clark, who was then Governor of Georgia, was exceedingly courteous, respectful and friendly to me ; which in some few instances caused mem- l3ers of the other party to manifest some want of cordiality towards me. Up to this time, our state parties in politics liad not been defined by a division on principles. All parties in Georgia claimed to belong to the great Repub- lican party of the Union. By this time I had sufficient ex- perience, and knowledge of the political history of parties, and had studied, and heard discussed, by the ablest men of the country, the true meaning of every controverted article of the Federal Constitution, so far as to have settled down firmly and immovably in the doctrines of Jefiferson and Madison, as laid down in the Virginia and Kentucky reso- lutions of 1798 and '9. Moreover, I was now able to dis- cover, that although we had no Federal party in Georgia, that we had many more Federalists than I had heretofore supposed. And further, that while these Federalists, of the old Hamiltonian stamp, were dispersed and scattered INDIANS FROM GEORGIA. 33 amongst both parties, yet the majority of them were in the Clark ranks. This last fact I regretted, because my per- sonal attachments were every day becoming stronger for this party. They were my most devoted friends, and were more congenial to my Democratic feelings than the other party, who embraced the largest share of the aristocracy of wealth. I was not however entirely satisfied with the political complexion of either of these state parties, and after the close of this session returned to my family, in- tending to remain in private life. But it was only a few months before I received a commission from the President of the United States, authorizing me to superintend the designating and marking the treaty lines of the Treaty with the Creek Indians, entered into at the Indian Springs, in January, 1821, and to lay out the Indian reservations, therein provided for. About the same time the Governor issued his proclamation, convening an extra session of the Legislature for the purpose of providing for the survey and distributions of the lands embraced in the Treaty re- ferred to. And thus it became necessary for me promptly to resign my seat in the Legislature, or to decline the ac- ceptance of the ollfice of L'nited States Commissioner just tendered to me. Under all the circumstances I considered it my duty to resign my seat in the Legislature, and acted accordingly, and proceeded immediately to the discharge of my duties, under my late commission from Washington, and in due time accomplished my work to the entire satis- faction of the Government, as will appear by the official correspondence of the War Department, which I have still preserved. This was an interesting and rather hazardous mission, but I do not consider it of sufficient importance to enter upon its details. Although I have advanced something be- yond the proper place, I deem it proper, in connection with my public labors herein referred to, to state, that on the 9th of Oct., 1818, I received a commission, authorizing me to run out and plainly mark the line dividing Georgia and Florida, but after I had proceeded to some extent in my preparations to perform that duty, I was instructed to sus- pend my operations, on account of the apprehended dan- ger of hostile Indians ; and various causes intervened to prevent my ever being instructed to discharge that duty afterwards. The circumstances of that duty, however, having been assigned me, and the instructions which ac- companied my commission, caused me thoroughly to in- 34 REMOVAL OF THE CHEROKEE vestigate the subject of that controverted line, and has made it a famiHar subject with me ever since. And I think to the present day it is a matter of some surprise, that such a controversy should still remain sus- pended, and unsettled. In this connection, I deem it proper further to state that I had so performed the various duties heretofore assigned me as United States Commissioner as to induce the then administration of the Federal Government to desire to continue my services in connection with the Government in some situation suited to my supposed qualifications. Therefore, upon the acquisition of Florida from Spain, I was informed from an official source in Washington, that in the organization of a Territorial Government for Flor- ida I could have any office in the gift of the Executive of the United States, and was requested to consider the sub- ject, and to communicate to Washington the result of my reflections on the subject. This circumstance led me to leave home on the 13th of April, 1818, for the purpose of examining portions of Flor- ida, more especially Pensacola, which I had been induced to believe possessed such extraordinary advantages, as a seaport, that it would not only become a commercial rival of Mobile but of New Orleans also. I took my tour, examined portions of Florida, especially Pensacola, con- sidered the whole subject, and resolved not to leave Geor- gia. But to return from this digression to the regular chain of my narrative, up to the close of the year 1821. It is proper to state that I had now married my second wife, and I will here add we have had three sons and one daugh- ter. Two of the sons are numbered with the dead, and one son and the daughter still survive, as well as their mother. This change in my domestic affairs, and the particular situation of my family, rendered it im- perative on me, as I then conceived, to leave public alTairs to the guidance of others, and to devote my best energies to the interest of my family and such social and citizen duties as devolve on men in private life. And to this plan, deliberately formed. I spent several years with great suc- cess as a farmer, or planter, with good land, and the neces- sary labor and other appurtenances, with one important exception — which was the want of health in my family. We were annually and seriously afflicted with bilious fev- ers, and chronic diseases produced from their effects. Our INDIANS FROM GEORGIA. 35 afflictions were caused no doubt from our particular loca- tion — rich lands, with extensive swamps in the neighbor- hood, the whole neighborhood of rich lands having been cut down, and brought under cultivation, in the short space of a few years. This was the only place that I ever en- joyed the pleasure and advantages of cultivating a soil, as rich and fertile as I desired ; and but for the afflictions suffered in my family and person, I never should have left, for I was pleased and content with the society and situ- ation, as well as the soil. CHAPTER V. From the close of the year 182 1 to the commencement of the year 1824, I had taken no active part in the poli- tics of the country, although I had kept myself fully in- formed of all the passing political events of the country, both by reading and some correspondence. The contest nov/ became warm and exciting, upon the approaching Presidential election, who should be the successor of Mr. Monroe. Among the many aspirants, Mr. Monroe, at his second election to the Presidency, had been elected with- out opposition, and parties had to a considerable extent amalgamated. It was called the era of good feeling, and Mr. Monroe had treated many distinguished men of the old Federal party with distinguished marks of kindness and confi- dence. This new state of things, I then thought, and still think, had to a considerable extent influenced some of the measures of his administration into what may be termed a departure from the doctrines of the Republican party, in the days of Jefiferson. The candidates for the Presidency finally settled down upon Gen'l Jackson, J. Q. Adam.-,, Wm. H. Crawford, and Henry Gay. I well knew that Mr. Crawford would receive the vote of Geor- gia, by an overwhelming majority. But I well knew at the same time that the then state of Mr. Crawford's health wholly disqualified him from being able to discharge the duties of that high office. Moreover, I was well advised that the state of his health, if nothing else, would prevent the possibility of his being elected. And further, I was fully satisfied that the vote which would be thrown away on Mr. Crawford would prevent an election by the people, or their electors. I felt confident, that if Mr. C.'s name could be withdrawn from the contest, that Gen'l Jackson would be elected by the people. At the beginning of the year 1824, I apprehended the result which actually took place in the election of Mr. Adams to the Presidency, by the House of Representa- tives, when Gen'l Jackson was known to be the choice of the people by a very large majority. Under these circum- stances, I exerted all the influence I possessed in favor of (36) INDIANS FROM GEORGIA. 37 Gen'l Jackson's election, and was a candidate on the Jackson Electoral ticket, before the Legislature, who then elected the Electors in Georgia. I received 45 votes, Mr. Crawford's Electors 90. Therefore my minority was one- third of the state, with which I was well satisfied ; under the conviction that I was right, and that it would be ad- mitted everywhere, at no distant day. This contest identi- fied me more fully with the Clark party — who acted with me in the support of Gen'l Jackson — both parties still claiming for themselves the title of True Republican Party, as Jackson and Crawford had both been long iden- tified with that party. In the following year, 1825, the Legislature of Georgia, a majority of whom were Craw- ford, or at this time more commonly called Troup men, passed a law creating a board of public works, with a view of entering on a systematic plan of public works, by the improvement of our river navigation, and the construction of canals, or railroads, as might be thought most advisa- ble, upon due investigation, and scientific examination. This Board consisted of six members, who were elected by the Legislature, The Governor was made Ex-Ofificio President of the Board, and entitled to a voice in all matters which might come before the Board. The Governor was authorized to select and appoint a competent State Engineer, with a salary of $5,000. The Board were directed immediately after their organization to elect one of their number to accompany the Chief Engineer in making a reconnoissance of the state, with a view to the improvements contem- plated, and upon this individual member devolved not only the duty of accompanying the Engineer, but the procuring of the necessary laborers, as chainmen, choppers, &c., to- gether with tents, subsistence, &c. ; consequently the re- sponsibility of the whole of the financial disbursements and the comfort of all concerned, to a great degree, de- pended on this member. The political party with which I was acting, although in a decided minority, were hon- ored by this Legislature by election of three members in that Board. The Governor being President of the Board, gave the contract, as he should have done, to the dominant party. I was one of the individuals elected as a member of this Board, and upon its organization, without ever having exchanged a word with any person whatever on the subject, upon balloting for the individual member who should accompany the State Engineer, &c., to my surprise. 38 REMOVAL OF THE CHEROKEE I received six votes out of seven — everyone except my own, which was cast for another "-entleman. I felt the full force of the confidence reposed in me, from a source so highly respectable, as well as the g-reat responsibility thus suddenly and unexpectedly placed upon me. But however weighty I felt the task to be, I did not shrink from its undertaking — unprepared as I might be, I resolved to try what I could do. I conferred freely with the other gentlemen of the Board, as well as with the Governor, on every subject which then occurred to me in connection witli the duties which lay before me, and gratefully re- ceived the kind advice and instructions of the Governor. Although Governor Troup and myself had sometimes dif- fered in regard to both men and measures, I have always esteemed him as a patriot and statesman of the highest order. And this intimate connection with him in public matters of great importance to the State, from first to last, did but confirm my favorable opinion of his stern integ- rity and high intellectual ability. I deem it unnecessary for me to enter upon the details of my discharge of this important duty, but will mention that while thus engaged in the Indian country (now Cherokee, Georgia), under the instructions of Governor Troup, I visited most of the leading men of the Cherokee people, with a view of induc- ing and preparing their minds, as far as practicable, for an entire removal from the limits of Georgia, to the west of the Mississippi. And although they were at that time very generally averse to leaving Georgia, I have long since seen the benefits which resulted from my intercourse with these Lherokees at that time. I had for many years felt a deep interest in what was to be the ultimate fate of these people, and this intercourse deepened my interest and solicitude for their welfare, and fixed upon my mind, in an abiding manner, the devising of some practical plan for their removal, as I was well aware that no permanent prosperity awaited them while they remained in their present location. In the course of this year I made the acquaintance, and spent some time at the houses, of Charles Hicks, then principal chief, the Rosses, the Vanns, the Ridges and Boudinot, the Adairs, the Rod- gerses, the McNairs, &c., ^c. In the course of my labors in this part of the country I received a letter from Gov- ernor Troup which is still preserved, and although so highly complimentary to myself, I feel that delicacy does not forbid, my giving a short extract. INDIANS FROM GEORGIA. 39 The letter invites me, if my strength and other duties will allow, to repair to the point where the Commissioners were then engaged in running out the line between Geor- gia and Alabama, and render them all the aid in my power, and in the close of the letter he says — ''My apology for proposing thus to add to your labors, already great, is, that I know that wherever you are, you will be use- ful." But anxious as I was to obey this call, other duties that could not be dispensed with utterly forbid my joining the Commissioners as requested. But to return to the sub- ject of my more immediate duties connected with the Board of Internal Improvements. My acquaintance with Mr. Fulton, the gentleman selected as Chief Engineer of the State, afforded me an interesting opportunity of gain- ing much useful information on the subject in which I had now embarked. He was a Scotchman by birth and educa- tion, though he had spent most of his life, (till past the meridian) in England. He had been but a short time in this country, and was rather aristocratic in his feelings, and austere in his manners — he had but little of the suavity of our Democratic iiobles. However he had seen more, read more, and knew more, upon all the subjects apper- taining to his office than the Governor and all the Board put together, I soon discovered that he had found out we were all novices on the subject of our immediate enter- prise. However, he knew we were capable of scrutinizing his conduct, and could not very readily be imposed upon. I endeavored to draw from him all the information I could, and my child-like, unassuming manner of doing it was flattering to his vanity, and soon placed me pretty much in the character of a learner or pupil, and gave me free access to what reading he had on the subject, as well as free answers to all my numerous inquiries. Although the day of rail roads was in the embryo state at this time, the subject had produced a spirit of inquiry, both in England and this country, and although but a few miles of rail road were then known to the world and those destitute of iron, or steam engine — constructed of wood, and propelled by animal force — yet I at that time, after full investigation of the subject, became fully satis- fied that even wooden rail roads, with mule and horse power, should be preferred to any canal which could be constructed in middle and upper Georgia. After laborious and instrumental examination of the country, from Mill- edgeville to Chattanooga, it was the opinion of Mr. Fulton 40 REMOVAL OF THE CHEROKEE and myself that a rail road could be located to advan- tage between the two points above named, but that a canal was impracticable. It is a very remarkable fact too, that the route selected by Mr. Fulton and myself, a lars^e portion of it then in an Indian Country, and but little known to civilized men, should in its whole distance have varied so slightly from the location of our present rail roads now in operation. It proves that our examinations were faithful, and our judgments have been sustained by all the qualified persons who have come after us. My opin- ions were communicated to Governor Troup at this time, and will sustain my foregoing statements on this subject. From that time to this I have looked to rail roads as the great and leading work to promote the best interest of the country, and have upon all fit occasions, whether in private or public life, contributed my best aid to the pro- motion of the rail road cause. This year's labor in the public service induced me to believe, that if I had a seat in Congress I could efifect something exceedingly im- portant, not onlv to Georgia, but to the whole Union, on the subject of the Indian policy of the United States. I was rather impressed with the belief that it was my par- ticular mission, instrumentally, to do something to relieve Georgia from the incumbrance of her Indian population, and at the same time benefit the Indians. Under these cir- cumstances, in the fall of 1826 I became a candidate for Congress, and was elected in October, as a Representative from Georgia, to a seat in the 20th Congress of the United States. I endeavored to make the best use of the interven- ing year between my election and entering on my official duties at Washington. I reviewed all that I had read and known, connected with the history of Georgia, as well as the Federal Government. I studied as far as I had the means the vprious subjects of general interest which I v.'as apprised must necessarily engross my attention as a member of the approaching Congress. And to use a com- mercial term, I was well posted on every item connected with our Indian relations. As well as I could, I arranged my private and home afit'airs, preparatory to entering upon my Congressional duties. Before, however, I enter upon what transpired at Wash- ington during the first session of the 20th Congress, it Is necessary for me to advert to the then existing political complexion of the country in Georgia, as well as the Union. The reader will recollect that in the Presidential INDIANS FROM GEORGIA. 4t contest for the successor to Mr. Monroe I not only supported Gen'l Jackson in opposition to Mr. Crawford, but that I was a candidate on the Jackson Electoral ticket, and received only one-third of the votes of the state, on that ticket, and that the Crawford Electors received, two- thirds of the votes of the State. But now, at the close of the year 1827, we find Georgia almost unanimous in the support of Jackson for the next President, precisely where I was two years previously, and I was now ap- plauded for what I had then been condemned. The only annoyance which I felt touching this change of public sen- timent was to be found in the fact that some of the ofifice- seeking leaders of the old Crawford party were not con- tent with being received as equals into the Jackson ranks, and immediately aspired to the leadership of the old origi- nal panel of the Jackson party. Indeed some of the most violent defamers of Gen'l Jackson heretofore, seemed, nov/ that the mind had changed, to consider themselves the original and best Jackson men of the country, and upon all occasions were endenvoring to thrust themselves be- tween Jackson and his old friends who had borne the heat and burthen of the day. Such conduct made me feel sometimes, "Lord, what is man that thou art mindful of him ?" But it is due to these men that the apology for their change should be fairly given. Although they had contributed largely, but indi- rectly, to the election of John Q. Adams to the Presidency, and thereby effected the defeat of Gen'l Jackson, upon trial they soon discovered that the administration of Mr. Adams would not be sustained in Georgia. Mr. Adams, at every step of his administration, from his inaugural to his farewell address, proved himself to be a genuine Federal- ist of the old school, his father's own legitimate son, a man "not to be palsied, by the will of his constituents," a consolidationalist at heart — holding in contempt the rights and sovereignty of the states. But for the want of nerve, he was ready to carry out the doctrine of force — brute force — on the sovereign States. His controversy with Governor Troup, of Georgia, upon the subject of the In- dian Springs Creek Treaty, and the transactions growing out of that Treaty, had rendered Mr. Adams peculiarly ob- noxious to the people of Georgia, for no true hearted Georgian, not blinded by prejudice, whatever might have been his former political associations, could fail to sym- pathize with Governor Troup in this controversy. He was 42 REMOVAL OF THE CHEROKEE contending- for the sovereign constitutional rights of the states, against Federal usurpation. And he contended for these rights with an unwavering ability and integrity altogether Roman. After the argument was exhausted, in this controversy, Governor Troup resolved that Georgia "would stand by her arms" rather than yield to oppression. Let it be recorded "that Georgia did." If this Roman spirit had been maintained in Georgia, up to the present day, no fears of the perpetuity of our Federal union would now harrass the timid imaginations of compromising sub- mission politicians and office-seekers. Public men would not dare to yield the birth rights of the people, and say it was the best we could get. No, our controversies should be settled on the principles of Troup and Jackson — ask for nothing but what is right, and submit to nothing wrong. Previous to going on to Congress in 1827, I had fully matured my own plan of operation in regard to our Indian relations. Our state controversy connected with the Creek Indians had now terminated, by the entire acquisition of the whole of the Creek lands within the limits of the State, and a final adjustment of the subject of all the conflicts with the Federal Government. But the state of afifairs was far different, in regard to the Cherokees, who still occupied the whole of the northwestern part of Georgia, which is still known as Cherokee, Ga., embrac- ing some five or six millions of acres of the best lands within the limits of the State. This state of things rendered it obvious to all well informed discerning men, that the resources of Georgia could never be extensively developed by a well devised system of internal improve- ments, and commercial and social intercourse with other portions of the Union, especially the great West, until this portion of the state was settled by an industrious, enlight- ened, free-hold population — entitled to, and meriting, all the privileges of citizenship. Moreover, a portion of the Cherokee people, composed mostly of mixed breeds and white bloods, had advanced in all the various arts of civili- zation to an extent that rendered it altogether impractica- ble to enforce the Laws of the United States passed by Congress for regulating intercourse with Indian Tribes within the United States, and for governing and restrain- ing such tribes. The Cherokees at this time had their own written and printed Constitution, and code of laws, by which they had declared themselves to be a free and in- dependent state and people, claiming, at the same time, INDIANS FROM GEORGIA. 43 the guarantees, illegally and imprudently made to them by treaty stipulations on the part of the United States, to protect them in the peaceable and quiet possession of the country now occupied by them, to them and their heirs forever. By this state of things, the Cherokees claimed the right to govern themselves independently of all other governments whatsoever. The government of the United States claimed the right of enforcing her intercourse laws for the government of the Indian Tribes. And Georgia had now extended her criminal laws and jurisdiction over all that portion of the State on which the Cherokees were still located. And the laws of these three different govern- ments, intended to operate and govern the same people, and on the same territory, were in their execution fre- quently found to be in conflict with each other, and the different governments liable to daily collision — neither yielding to the other the right of exclusive, or superior, jurisdiction. The intercourse laws of the United States prohibited any man from settling in any Indian country, or trading and traflicking in any article whatever, with any Indian, unless, under a special permit, or license, obtained from the legal authority of the United States, as provided for by law. The Cherokee authorities, in total disregard of the authority of the United States — Resolved, to sufifer no man to settle in their limits, and traffic and trade with their people, without first obtaining a permit or license to do so from the Cherokee authorities. The Georgia law extended her criminal jurisdiction, over her Cherokee Territory — Provided, amongst other things — That every white man residing in the CheroKee part of Georgia should take and subscribe an oath to support the Constitution and laws of the State of Georgia ; and in case of neglect, or refusal, to do so, said delinquent or delinquents should be liable to be indicted and convicted for a misdemeanor, and sen- tenced to confinement in the penitentiary of the state for a term not exceeding seven, and not less than one year. And under this law. seven missionaries were sent to our state prison, and gave rise to the persecution and abuse of Georgia by Northern fanatics — of which I shall have occa- sion to dwell more at large hereafter. Although I had marked out a course for myself in relation to Indian af- fairs, I felt it to be my duty, on my arrival at Washington, to seek a conference and consultation with the Georgia delegation, including the Senators from the State, which I 44 REMOVAL OF THE CHEROKEE attempted, and in part succeeded in doing. But I had not proceeded to the entire development of all the views which I entertained on the subject, before I very plainly saw that my worthy colleagues suspected me of a desire to take the lead in a measure which might become popular at home. They said my plan, proposing that Congress should make provisions by law, for procuring a suitable country for the permanent location of all the then remain- ing remnants of the different tribes of Indians in all the states, would give some strength to the proposition, but they had no idea that the subject would be seriously enter- tained at that time, or during the administration of Mr. Adams. However, some of them admitted my attempt would do no harm, while others seemed to think it would produce unnecessary excitement. By this courtesy to- wards my colleagues, I felt relieved from the necessity of further special consultation, and therefore determined to rely on my own judgment, and the help of the Almighty. In the organizations of the committees of the House I was placed on the committee "on Indian Affairs," and on the 13th day of December, 1827, introduced the following resolution : "Resolved, that the Committee on Indian Af- fairs be instructed to inquire into the expediency of pro- viding, by law, for the removal of the various tribes of In- dians who have located within the States or Territories of the United States to some eligible situation, west of the Mississippi River," which resolution was referred accord- ingly. This was the first attempt ever made by any mem- ber of Congress with a view of carrying out the plan of collecting and colonizing the various remnants of Indian tribes still remaining in a number of the states to some suitable location west of the Mississippi River. This in- cipient step was taken by me with a view to the whole ground connected with our India'j relations. First, I admit I had in view relieving my own state from the incumbrance of her Indian population, and, with her, all the other states in like condition. Secondly, I was anxious to better the condition of the Indians, by placing them beyond the jurisdiction and control of the state gov- ernment, and where the Federal Government might, un- molested by state authority, carry out its benevolent de- signs of preserving and civilizing the remnant tribes of the original race. Moreover, I wished to place the Indians in a permanent home, where the missionary efforts of all pious and good men — Churches, Christian Associations — INDIANS FROM GEORGIA. 45 might have a permanent field of labor, to carry out their good designs of Christianizing and civilizing a most inter- esting heathen people. I even extended my hopes to the day when the Indian people might become an interesting and worthy member of our great confederacy of states. I succeeded in imparting my views to a majority of the committee to whom the subject had been referred, so far as to obtain as favorable a report on my resolution as I could have desired, under all the circumstances, at that time. The committee recommended the appropriation of fifteen thousand dollars, to defray the expenses, and ena- ble three commissioners, to be appointed by the President, to examine and explore the country west of the Mississ- ippi, and to ascertain and report, whether a suitable coun- try could be procured for the purposes set forth in the resolution above referred to. This report, after full dis- cussion, and much opposition, was finally sustained by Congress, and full provision made for carrying it into ef- fect. I am convinced however upon this, as is the case upon almost every difficult, new and complicated measure which comes before Congress : that a great deal more was done, by quiet and unobtrusive efforts, in private circles and intercourse with influential individuals, than was affected by congressional display, long and exciting speeches, &c. I bestowed much labor in conferring freely, first, with my committee, then with the members from those states who had a deep interest in the subject, as well as my own. Indeed much of my time was spent in en- deavoring to give success to this measure, while I en- deavored faithfully to attend to every duty which devolved on me as a member of Congress ; and there were many important measures brought before this Congress. My observation and experience had taught me, that no one member of Congress- could assume to take special charge of more than one important measure at a time, without incurring the imputation of assuming too much. Therefore I often remained silent upon other subjects, even when I desired to take an active part, that I might be more favorably attended to, on this Indian subject. If any should hereafter take the trouble to examine Con- gressional journals and documents, embracing the time of which I am writing, it will be seen that shortly after I had introduced this subject to the attention of Congress, and it was seen, that its importance was attracting much attention : 46 REMOVAL OF THE CHEROKEE That several other members of Congress, in states deeply interested in the subject, as well as one of my col- leagues at least, followed in my footsteps, and introduced resolutions embracing the very matter contained in my resolution, and had them referred to the same committee, which served to amuse the committee, as it gave them no additional labor — they were behind time — a few days too late. The stand I had taken upon this subject often brought me into direct personal and corresponding inter- course with many of the best informed men of the coun- try, upon all subjects connected with our Indian relations. I conferred freely with the officers of the government who had charge of these affairs at Washington. Indian Agents from every quarter sought my acquaintance, and, with few exceptions, embraced and patronized my views, with zeal and energy. And Indian missionaries, and agents of missionary societies, conferred freely with me on the subject. About this time, I made the acquaintance of that zealous and able missionary of the Cross, the Rev. Isaac McCoy, who lived and died, after many years of toil and suffering, zealously engaged in the work of Indian. civili zation and Christianization. From my first acquaintance with this good man. to the day of his death, I found him an able auxiliary in the cause of Indian reform, &c. The first session of the 20th Congress was brought to a close near the end of May, 1828, and on my return to my home and constituents, I was received with kind and approba- tory greetings from my constituents, wherever I met them. There seemed to be a general desire that I should continue to serve them in the next Congress. I therefore became a candidate for re-election to the next Congress, and at the October election following was again elected to Congress, by a highly flattering vote, and in Decem- ber following was at my post in Washington, prepared to enter on the duties of the 2nd session of the 20th Con- gress. I was pleased with the tenor and tone of the Presi- dent's Message on Indian Affairs, as well as the report of the Secretary of War, Governor Barbour, of Virginia, on the same subject. In every important particular, these docu- ments coincided with my own views, and sustained the ground which I had occupied at the previous session. The report of the Commissioners who had been appointed to examine the country west of the Mississippi and ascertain if a suitable country could be obtained for the emigration of all the Indians from the States, was highlv favorable in INDIANS FROM GEORGIA. 47 every respect, a sufficient and good country could be pro- cured, and on the most reasonable terms. It seemed as if nothing was wanting but immediate legislation to con- summate the views of the friends of emigration. But we still found many serious obstacles in the way over and above the zealous opposition of our open and determined opponents, in both Houses of Congress. Many of the members of Congress, from states the most deeply inter- ested in the success of Indian emigration, seemed reluctant to cast their weight and influence into a policy which had originated with others, and in bringing about which they had in no way participated. Although they dared not op- pose these measures, many resolutions were introduced, and many inquiries for further information on this subject made, which were calculated, if not designed, to retard and procrastinate efficient legislation on the subject. More- over, during the recess of Congress, the Northern fanatics, male and female, had gone to work and gotten up thou- sands of petitions, signed by more than a million, of men, women and children, protesting against the removal of the poor dear Indians, from the states where they were located, to the west of the Mississippi. These petitions often denounced my own beloved Georgia as the head- quarters of all that was vile and wicked in her intercourse with Indians ; and to finish the picture, in these petitions we were denounced as slaveholders. Books and pam- phlets were written and circulated extensively, by North- ern ministers, and some missionaries of the Cross, misrep- resenting and perverting every fact connected with this Indian subject. The more civilized portion of the Indians, too, had been put to work, aided by the noble feed lawyers, to crush or stay this policy of Indian emigration. This, moreover, was the short session of Congress, and must necessarily terminate its session on the 4th of March. Under all the circumstances, the friends of emigration found it was not practicable to consummate all the legisla- tion which they desired during this session, and there- fore endeavored to obtain such legislation as might here- after have a favorable bearing on the subject, by providins: everything which justice and right demanded in favor of the Indians, and by amending the intercourse laws, &c. I was myself much gratified to find that the number of my abk co-operators in this Indian policy was constantly in- creasing, and enlarging. My support was now altogether 48 REMOVAL OF THE CHEROKEE a different thing to what it was when I put this ball in motion. For then, as was said by a certain man, on a different occasion, I stood solitary and alone. I now per- ceived that the Indian subject was destined to become the great subject of the day. And knowing as I did, that Gen'l Jackson would be in the Presidential chair at the next session of Congress, and that his general views coin- cided with my own on the subject, I felt measurably con- tent to exercise that degree of patience which the circum- stances with which we were encompassed seemed to de- mand. However, no time was to be spent in idleness, nor did I spend any in that way. I availed myself of every op- portunity to make myself perfectly familiar with every- thing which appertained to Indian history in this country. I was not content with tracing the policy which had been preserved by the Federal Government in relation to Indian affairs, from first to last, but I examined thoroughly the policy of all the colonial and state governments towards the Indians. I examined the transactions of the Federal and state governments, when they had either acted in concert, or had come into conflict, in relation to Indian matters. Further, I read and examined writers on the laws of nations, to find all that I could, bearing on the subject, and carefully examined the judicial decisions of our ablest judges, on all subjects where Indians were con- cerned. CHAPTER VI. During the recess between the 20th and 21st Congress, I haa full time, and used it faithfully, to mature my views on every important point connected with our Indian rela- tions and policy, and to procure all the detailed informa- tion which might become necessary at the next session of Congress, to sustain me in support of the measure which I had resolved to urge upon the action of the next Con- gress, in favor of Indian emigration. I was fully apprised that the conflict would be severe and hazardous, but at the same time my confidence was strong, based upon the con- viction that I was laboring in the cause of humanity, and to promote the best interest of the Indian, as well as the white race. Thus fortified, I took my seat in the 21st Con- gress, on the 7th of December, 1829. and was again ap- pointed a member of the Committee on Indian Affairs, to which was referred that part of the President's Message, connected with Indian affairs, as well as sundry resolu- tions and memorials connected with the same subject. And after great labor and research on the part of a por- tion of said committee, in which I bore a large share, on the 24th of February, 1830, we made an elaborate report to the House, on the subject of Indian affairs, through our chairman Mr. Bell, of Tennessee, accompanied by a bill to provide for the removal of the Indian tribes still remain- ing within any of the States and Territories, and for their permanent settlement west of the River Mississippi, which bill was read the first and second time, and committed to a Committee of the whole House on the State of the Union. And at the very threshold, the most violent opposition showed itself, to the views embraced in the report of the Committee. Mr. Buchanan, of Pennsylvania, moved the printing of io,oco copies of the report and Bill, for circu- lation in the country. The opposition used every effort and stratagem which the rules of the House would per- mit to suppress the printing and extensive circulation of the report. But after taking the yeas and nays, on the various questions raised, with the intent of defeating the printing and circulation, the motion of Mr. Buchanan was sustained, and the report extensively circulated through- out the country. (49) 50 REMOVAL OF THE CHEROKEE It would require a volume to give a fair and full report of all that transpired during this session of Congress in re- lation to this subject. I cannot attempt such a work as the details of all that was said and done, in and out of Congress, either for or against the measure, while it was pending before Congress. Sufifice it to say the report of the committee was sus- tained by Congress, and the bill for the emigration of the Indians became the law of the land, against as powerful and formidable opposition as ever has been overcome in Congress upon any great subject which has agitated that body. Although disposed, from various considerations, to give a pretty full view of the part which I acted in connection with this subject, during this session of Congress, I deem it best and most appropriate for me to pass over much the greatest portion of my labors, in and out of the halls of legislation, and in the committee rooms, and give some of the remarks and speeches made by me on the floor of Congress during the pendencv of these Indian ques- tions before that iDody. I submit them as reported and published at the time in the public journals of the country ; and first I will go back to the report of the proceedings of the House of Representatives, of February 20th, 1828. The unfinished business of the bill making appropria- tions for the Indian Department was called up, and the question being on the motion made by Mr. Vinton, of Ohio, that no Southern Indians should be removed north of the line of latitude of 36 degrees and 30 minutes, and no Northern south of that line, Mr. Lumpkin rose and said, Mr. Chairman: It is always with reluctance that I rise on this floor, to submit any remarks of mine. When I look around and see the intelligence by which I am surrounded, I cannot have the vanity to enter the list of competitors for the eclat or distinction which will be awarded to him who makes the greatest display of words on this floor. Nor am I disposed to take a part in the discussions of tliis House, with a view of encouraging the manufacture of congressionpl speeches. I consider that of speech mak- ing one branch of Domestic Mamifadure, or of the Ameri- can System, if you please, sir, which does not require en- couragement or protection. It has already arrived to a maturity which can enter into fair competition with any country whatever, with a fair prospect of success. Rut, sir. INDIANS FROM GEORGIA. 51 I stand so connected with this subject, in several points of view, that I cannot shrink from addressing the commit- tee on the present occasion. The two very disthiguished gentlemen from Ohio. (Mr. Woods and Mr. Vinton) who have consumed so large a portion of the time of this committee in displaying and ex- hibiting their opposition to the extinguishment of Indian title to lands, and to the removal of the Indians to some eligible situation west of the River Mississippi, and have introduced such a mass of foreign matter into this dis- cussion, that they will excuse me, in my present state of health, for declining to follow them in all their labored arguments and details upon this subject. The best refutation which can be presented to all these gentlemen have said upon this important and interesting subject will be found in the fact that they stand opposed to the wisdom, and experience, and benevolence of the whole country. In opposition to all their opinions, doc- trines, and reasoning, I will place those of James Monroe, J.C.Calhoun, James Barbour, and a host of others, who are experienced and distinguished statesmen and patriots, and who have long deliberated and reflected upon the subject of our Indian policy and relations. These distinguished individuals have arrived at the same results : that the only hope of saving the remnant tribes of Indians from ruin and extermination was to remove them from their present abodes, and settle them in a permanent abode west of the Mississippi River. The views of all our Indian Agents, so far as my knowledge extends, coincides with the friends of the emi- gration plan, and, with very few exceptions, we find the benevolent and pious missionaries, who have long labored for the benefit of this unfortunate race, decidedly in favor of the emigrating plan. One respectable denomination of Christians have me- morialized the present Congress on this subject, and urged with much earnestness and ability the results of their la- bors and experience, in favor of the emigrating plan , which is the only plan by which the Indians can ever be considered permanently located and settled. Sir, these opinions of wisdom, experience, and piety, I present as a reply to the voluminous details of the two dis- tinp;uished gentlemen from Ohio, (Mr. Woods and Mr. Vinton). If the committee, or the country, ask for any further reply to tlie remarks of these gentlemen, I will 52 REMOVAL OF IHE CHEROKEE refer to the remarks of another gentleman from Ohio, (Mr. McLean) the honorable chairman of the Committee on Indian Afifairs. His pertinent and very appropriate re- marks must be impressed upon the recollection of every gentleman who was present yesterday when he delivered them. That gentleman, with all his known vigilance and assid- uous attention to the local interest of his immediate con- stituents, when his duty requires it, enters upon the business of national legislation with a liberal dignity of purpose which embraces the general interest of the whole country. And upon this occasion, the brief view which he took of this subject, and the mformation which he sub- mitted to this committee, is to my mind sufficient of itself to obliterate all the labors of his two colleagues. Sir, the remarks on this subject, submitted by the Chairman on In- dian Affairs, reminded me of the saying of the wise man of antiquit3\ ''Words fitly spokeyi aie like apples of gold , in pictures of silver.'' Gentlemen deny that the policy of this government is settled in relation to the question of Indian emigration. I am of a different opinion. Mr. Monroe's administration marked out the plan, and recommended its adoption in strong terms. The present administration has continued to urge upon all fit occasions the views of its predecessors upon this subject. Congress, I adm.it, have never sanctioned the plan to the full extent which it has been recommended by the Executive Government. Nevertheless, many acts of legis- lation might be cited which were based on the execution of this plan. Look at the various appropriations of money to extinguish Indian title to lands within the states, and to provide for their removal, and settlement, west of the River Mississippi. It is true, I am myself in favor of legislating upon a more extended and comprehensive plan upon this subject, and with a view to general legislation upon this subject, at an early day of the present session I introduced a resolu- tion, which v/as adopted, "instructing the Committee on "Indian Affairs to inquire into the expediency of providing "by law for the removal of all the remnant tribes of In- "dians, within the limits of any of the States or Territories "of this L^nion, to some eligible situation west of the River "Mississippi." The report of the Committee in answer to this resolu- tion has long since been made to this House, and is alto- INDIANS FROM GEORGIA. 53 gether favorable to the objects embraced in the resolution. As a member of the Committee on Indian Affairs, I was, however, disposed to go much further than a mere favora- ble report. I was disposed to make ample provision for carrying into full effect the emigration plan, and did ac- cordingly submit a report and bill to the Committee, in lieu of the report which was made to the House. But the ma- jority of the Committee preferred the report made to the House, and I felt it my duty to acquiesce. But that the time has arrived when this Government must change its policy in relation to the Indians appears to me so plain, so clear, and self-evident, that I cannot see any reason for delay or hesitation. From the commencement of this Government, that is, from the adoption of the Constitution of the United States, this Government has assumed and exercised an almost unlimited control over the Indian Tribes settled within our boundaries. It has assumed and exercised the right of leg- islating for them, in all their most important interests. We have taken the guardianship of them, and treated them as minors, orphans, and persons who were incapable of managing their own estates. And the exercise of this power has heretofore been recognized as legitimate, and has been acquiesced in by the Indians, by the states, and by foreign nations. But, sir, the day has already arrived when this state of things cannot longer exist. The inefficient course pursued by this Government, in matters in which one of the states has a deep interest, as well as the Indians, has weakened the confidence of the Indians, as well as the state, in this Government to an extent v/hich has disposed all the par- ties in interest to look to their own sovereignty for a rem- edy of the evils under which they are, and have been labor- ing, "for lo, these many years." It is known to every gentleman of this Committee that my allusions are directed to the existing state of things, as they now exist between the State of Georgia and the Cherokee Indians and the Government of the United States. It is a subject, sir, which, after all that has transpired, I can but approach with reluctance, but as one of the rep- resentatives of that State, and a member of the Committee on Indian Affairs, duty impels me to use every effort to draw the attention of the present Congress, and of the Nation, to the importance which is necessarily attached to 54 REMOVAL OF THE CHEROKEE this subject. I feel it to be my duty to warn this Committee, and the Nation, of the impending evils which must neces- sarily grow out of an imbecile course on the part of this Government. I deem it to be unnecessary to enter into all the details of the compact, entered into between Georgia and the United States, in the year 1802. The history of that transaction seems at last to be well understood, here and everywhere else. I know the subject is perfectly un- derstood by every member of the Committee on Indian Affairs ; and I will avail myself of this opportunity to add, that I have the most entire confidence that every member of that Committee are disposed to do justice to Georgia, as well as to the Cherokee Indians. Indeed, from what we daily hear from members on this floor, I cannot doubt but what the long delayed rights of Georgia upon this subject have gained the attention of the representatives of the peo- ple of this nation, and that the cause of rigJit and of jiis- tice will no longer be urged in vain. In relation to the compact between Georgia and the General Government, entered into in 1892. I will briefly state, in a summary way, that whenever Georgia has urged the fulfilment of this compact, the United States has never denied the debt, but urged the plea of inability — alleging the Indian title would not be extinguished "upon reason- able and peaceable terms." Upon the other hand, Georgia has alleged, and continues to allege, that the very impedi- ments which lie in the way of extinguishment have been produced by the policy pursued by the United States. But I find, sir, that the feeble state of my health will not admit of my extending my remarks to many important details which I had intended to present to this committee. I will therefore again advert to this actual state of things in re- lation to the Cherokee Indians at the present time. The Cherokee Indians, who principally reside within the limits of Georgia, have, in the course of the past year, re- newed their often repeated declaration that they will never, ?io, never, relinquish their present possession. They have placed this declaration in a constitutional form, and with all the formality of a sovereign and independent state they have set up for themselves. They not only dis- regard Georgia and the rights of Georgia, but they act- ually enacted laws, and execute them, too, which are in direct violation of the laws of the United States. I have the highest authority for making this statement, which I will submit to the Committee. INDIANS FROM GEORGIA. 55 The Legislature of Georgia, at its last session, have ex- tended the jurisdiction of the criminal laws of that State over the Cherokee country, lying within the limits of Georgia, and have added the country to the former coun- ties of the State of Georgia. And in the state paper of Georgia, printed at the seat of government, (Milledge- ville,) I this day see the proclamation of Governor For- syth, notifying all persons whom it may concern of the provisions of the late act of the Legislature, and requiring obedience and respect to its provisions and execution from citizens and officers of every grade and description. Now, sir, what must be the result of this anomaly? Of three separate and distinct governments, exercising sover- eignty of jurisdiction under conflicting laws, enacted by three separate and distinct legislatures, over the same people, and at the same time, in some cases these three distinct sovereign legislatures have enacted laws upon the same identical subjects, which laws do not har- monize in their provisions. I will give you one or two cases, out of many which actually do exist, and are in daily conflict. The LInited States laws prohibit the introduction of spirits into the Nation, and if introduced by a citizen it is liable to confiscation, with all his packages of goods, &c., the one-half to the informer, and the other to the United States. The Cherokee laws prohibit the introduc- tion of spirits also, under a fine or penalty of one hundred dollars, and a forfeiture of the spirits, one-half to the in- former, the other half to the Treasury of the Cherokee Na- tion. The laws of Georgia do not prohibit the sale of spir- its in large quantities at all. And those who wish to retail procure a license from the County Court for that purpose. Another similar case I will present to the Committee. The United States law prohibits peddling in the Nation, or sell- ing merchandise at any other than the place designated by the agent, and annexes its fines and forfeitures for a viola- tion of the law. The Cherokee law authorizes any citizen to peddle or trade where they please in the Nation, on paying twelve dollars a year to the Treasurer of the Na- tion, and one dollar to the officer issuing the license. The laws of Georgia admit of no peddling without first obtain- ing a license, for which the applicant pays one hundred dol- lars a year, which entitles him to peddle and vend his goods anywhere within the limits of the state. This state of things cannot exist ; something must be done, and the sooner it is done, the better. It is high time 56 REMOVAL OF THE CHEROKEE these unfortunate people should know their destiny plainly and positively. They should know precisely in what rela- tion they do stand to the United States, and in what rela- tion they do stand to the particular states in which they reside. A state of suspense is the worst of all cruelty that can be exercised towards this noble race of people. If they are to be resigned to the states and the state laws, I call upon this Congress to tell them so. If we determine upon their emigration to the West, the sooner they know it, the better. That they may send their Calebs and Joshuas to search out and view the promised land, for situ- ated as they now are, and where they are, there is no rest for the sole an Indian foot. Sir, it is with the deepest regret that I have witnessed such ardent exertions to defeat the best and most reason- able plans which can be devised for the salvation of the poor, perishing, and afflicted aborigines of this country. I have been greatly surprised that any gentleman on this floor should assume a claim for himself, his constitu- ents, or for the section of the Union from whence he comes, a specific right to all that portion of our western wild. Sir, our unlocated territory, which lies out of the limits of the present states, is the equal and joint property of the Union, regardless of the latitude where it may be found. These lands are the property of the Nation, and I wish the most eligible portion of it to become a permanent home and habitation for the oppressed and afflicted sons of Ishmael. I trust, sir, we shall hear no more of sec- tional claims, when we have in view a great national object which must and will be effected. My debility (occasioned by my late indisposition) is such, that I find my strength and voice fails. Much re- mains to be said, but I feel unable to proceed further. (Mr. Carson, of North Carolina, proposed to Mr. L. to move for the Committee to rise, report progress, and ask leave to sit again, with a view of affording Mr. L. an op- portunity of continuing his remarks. Mr. L. thanked him for his kindness, but observed that he would prefer yielding the floor to other gentlemen who wished to take a part in the discussion, and accordingly took his seat.) Here follows a speech made in May, 1830, reported in the following words : INDIANS FROM GEORGIA. 57 SPEECH of the HON. WILSON LUMPKIN, of Ga. In Committee of the Whole House, on the State of the Union, on the Bill Providing for the Removal of the Indians. ]\Ir. Lumpkin rose and said : Mr. Chairman : My life has never been free from care and responsibility ; but, on no former occasion, have I ever felt more deeply impressed with a sense of that responsi- bility, to God and my country, than I do at the present moment. The obligations which rest on me are common to every member of this House. The great importance which I attach to the decision of this House upon the bill now under consideration, does not arise from any appre- hension of material effects being produced in relation to- any one of the states who are interested. It is true, your decision will have a strong bearing on their interest ; but they have the capacity to some extent to take care of themselves. But to those remnant tribes of Indians whose good we seek, the subject before you is of vital importance. It is a measure of life and death. Pass the bill on your table, and you save them ; reject it. and you leave them to perish. Reject this bill, and you thereby encourage de- lusory hopes in the Indians which their professed friends and allies well know will never be realized. The rejection of this bill will encourage and invite the Indians to acts of indiscretion and assumptions which will necessarily bring upon them chastisement and injury, which will be deplored by every friend of virtue and humanity. I therefore caJl' upon you to avoid these evil consequences while you may.. Delay is pregnant with great danger to the Indians ; what: you do. do quickly, before the evil day approaches. I differ with my friend from Tennessee (Mr. Bell) in regard to Indian civilization. I entertain no doubt that a remnant of these people may be entirely reclaimed from their native savage habits, and be brought to enter into the full enjoyment of all the blessings of civilized society. It appears to me we have too many instances of individual improvement amongst the various native tribes of Amer- 58 REMOVAL OF THE CHEROKEE ica to hesitate any longer in determining whether the In- dians are susceptible of civilization. Use the proper means, and success will crown your efforts. The means hitherto resorted to by the Government, as well as by individuals, to improve the condition of the Indians, must, from the present state of things, very soon be withheld from these unfortunate people, if they remain in their present abodes, for they will every day be brought into closer contact and conflict with the white population, and this circumstance will diminish the spirit of benevolence and philanthropy to- wards them which now exists. I might exhaust what physical strength I have, in reply- ing to the gentleman from New York (Mr. Storrs). He has consumed m,uch of your time with his usual ability and ingenuity. It would require an entire speech to defend my own State (Georgia) from the many imputations cast upon her by that gentleman and others ; I must leave much of this for my colleagues and others who may follow me in this discussion. The gentleman's doctrines upon the sub- ject of state rights ought to be met and refuted ; severe censures cast upon our Chief Magistrate, and his subordi- nates in office, should be corrected as they deserve, and the Executive defended in his wise, virtuous, and candid course on this subject. But I shall leave much of this for others, and only incidentally pay my respects to the gentleman from New York, and proceed directly to the subject under consideration. The bill on your table involves but little that can be con- sidered 7iew principle. The only departure from former principles and practice is to be found in that part which ex- tends greater security and benefits to the Indians. The whole of my policy and views of legislation upon this subject have been founded in an ardent desire to better the condition of these remnant tribes. At the same time, I freely admit, their interest alone has not guided my action. From the time I became a member of this House, the great object of my solicitude and labor has been, to relieve ?11 the states (especially my own) from the perplexities, heart burnings, conflicts, and strifes, which are connected with this Indian subject. The ground occupied by the gentleman from Tennessee (Mr. Bell) I shall not again travel over. I never have, nor never will, consume the time of this House by a speech of repetition. Nevertheless. I shall necessarily advert to many of the same points, with a view of corroborating INDIANS FROM GEORGIA. 59 what has been said by my friend from Tennessee in favor of the bill. As one of the Committee on Indian Affairs, I shall not be diverted from what I consider my duty in de- fending the measures submitted by the committee, by at- tempting to follow our opponents in their wide range of irrelevant matter and argument. I am not only identified with this subject, as a member of the Indian Committee, but as a Representative of the people of Georgia I feel myself bound to defend their rights. My life has been spent on the border of these Southern Indians ; I therefore know much which relates to the his- tory of this subject, from my own personal observation. Upon taking my seat as a member of the 20th Congress, (without delay), I introduced a resolution which brought this subject in all its bearings to the consideration of Con- gress ; and the investigations had upon the subject resulted in providing an appropriation of $15,000 to defray the ex- pense of preparing for the emigration of the Indians west of the Mississippi. My friend from Tennessee (Mr. Bell) having given the details of the exploring tour of the Agents of the Govern- ment (under this act) who examined the country west of the Mississippi, with a view of ascertaining the quality of the country contemplated for the permanent abode of the Indians, and the report of these Agents, I will only say a suitable and sufificient country was found — a country ad- mirably adapted to the interest and condition of the emi- grating Indians. The report of these Commissioners is sustained by the corroborating testimony of many highly respectable persons. That there is a good and sufficient country for all the Indians to emigrate to can no longer be doubted, whatever may be said to the contrary by our opponents. I will now ask the attention of the committee to the history of Indian emigration. So far as my researches afford information on this sub- ject, I will submit the facts. Emigration commenced with the Indians themselves. Their own enterprise (uninflu- enced by the Government) led many individuals of the Southern tribes, previous to the year 1808. to remove from the east to the west side of the Mississippi, and there take up their abode. A strong impulse was given to this spirit of emigration by President Jefferson, during his adminis- tration. 6o REMOVAL OF THE CHEROKEE What this impulse was, may be seen by reference to a talk of Mr. Jefferson to the Cherokees (Volume of Indian Treaties, page 140) inserted in the preamble of the Cher- okee Treaty of 1817, which preamble is in the following words : ''Whereas in the Autumn of the year 1808, a deputation from the upper and lower Cherokee towns, duly authorized by their Nations, went to the City of Washington, the first named to declare to the President of the United States their anxious desire to engage in the pursuits of agricul- ture and civilized life, in the country they then occupied, and to make known to the President of the United States the impracticability of inducing the nation at large to do this, and to recjuest the establishment of a division line be- tween the upper and lower towns, so as to include all the waters of the Hiwassee River to the upper town ; that, by thus contracting their society within narrow limits, they proposed to begin the establishment of fixed laws and a regular government. The deputies from the lower towns to make known their desire to continue the hunter life, and also the scarcity of game where they then lived, and under those circumstances their wish to remove across the Mississippi River, on some vacant lands of the United States. "And whereas the President of the United States, after maturely considering the petitions of both parties, on the 9th day of January, A. D. 1809, including other subjects, answered those petitioners as follows : 'The United States, my children, are the friends of both parties, and, as far as can be reasonably asked, they are willing to satisfy the wishes of both. Those who remain, may be assured of our patronage, and aid, and good neis^hborhood. Those who wish to remove, are permitted to send an exploring party, to reconnoitre the country on the waters of the Arkansas and White rivers, and the higher up the better, as they will be the longer unapproached by our settlements, which will begin at the mouth of those rivers. The regular districts of the governments of St. Louis are already laid off to the St. Francis. " 'When this party shall have found a tract of counlrv suiting the emigrants, and not claimed by other Indians, we will arrange with them and you the exchange of that for a just portion of the country they leave, and to a part of which, proportioned to their numbers, they have a just right. Every aid towards their removal, and what will be INDIANS FROM GEORGIA. 6l necessary for them then, will then be freely administered to them ; and when established in their new settlements, we shall consider them as our children, give them the benefit of exchanging their peltries for what they will want at our factories, and always hold them firmly by the hand.' " Thus we see a deputation of Cherokees, as early as 1808, visiting this city, anxiously desiring and imploring the aid of President Jefferson to enable them to emigrate and settle in the very country where a great portion of them now resides, and where we have procured a most excellent and ample country for the remainder. Those who have emigrated are delighted with their new homes, and most of their brethren who remain in the States would gladly improve their present condition by joining them; but their lordly chiefs, of the white blood, with their Northern allies, "will not let the people go." Notwith- standing the signs of the times, the hearts of these rulers have been hardened again and again. These movements on the part of the Cherokees, with- out urgency or solicitation on the part of the Government, have resulted in the Treaties of 18 17 and 1828, providing, as before pointed out, an ample and permanent home for the whole of the Cherokees. Lender the provisions of these treaties they have been going, and will continue to go, until not a real Indian will be left behind. "Hinder me not," Will be their language, when they are permitted to express their own feelings, unawed by the tyrannical enact- ment of their mixed blooded chiefs. With the Choctaws and Creeks treaties have also been made, assigning to them countries west of the Arkansas and Mississippi. The Creeks have been flocking to theirs, and it is satisfactorily ascertained that they would all go, if the means contemplated in this bill should be afforded to the Executive. The whole of the Choctaws are not only willing to go, but are actually prepared to go, and have submitted their terms, in the form of a treaty, to the proper department of the Government. The Chickasaws have no country yet provided for them, in the West, but are anx- ious to emigrate thither, if they can obtain a suitable coun- try. The Seminoles of Florida are also desirous to join their Creek brethren in the West, if they can obtain land. The Indians of Illinois, Ohio, and Indiana, have been for many years past emigrating, and the cost of their journeys has been paid by the Government, until about two years ago, 62 REMOVAL OF THE CHEROKEE when the spirit of emigration so far increased the numbers that the expense became too great to be paid by the means at the disposition of the Executive. The treaties formed with the various tribes of Indians, providing for their emigration, may be found in the Vol- ume of Treaties, compiled under the order and direction of ]\Ir. Calhoun, while acting as Secretary of War. That with the Choctaws, of October i8th, 1820, page 166; the treaty with the Shawnees, 7th November, 1825, page 361, pro- vides for an exchange of lands with those residing both in Missouri and Ohio; with the Creeks, 24th January, 1826, page 218; with the Weas tribe, August, 1820, page 261; with the Kickapoos, 30th August, 1819, page 265; with the same tribe, 30th July, 1819, page 268. I have intended to read extracts from all these treaties, but I find that my time and strength both admonish me to be brief. I have therefore given a reference to the book, the treaty, and the page, and every gentleman can read for himself. I can only say that I am greatly surprised to hear the opponents of the proposed policy, in the face of the rec- ords, laws, and treaties of the country, speak of the pro- posed measure as being Jiovel — as being a change of policy in our Indian relations, and as being fraught with danger and ruin to the Indians. I feel assured, if the good people who have been memorializing us through the winter were in possession of the facts which are within the reach of every member of this Committee, they would change their pohtics and unite with the friends of Indian emigration. I have heard much complaint that we are progressing in the removal of the Indians, without any systematic plan for their security and government when they get into the possession of their new homes. This objection comes from our opponents; but I con- fess I agree with them, to a limited extent. I would, my- self, greatly prefer going the whole amount at once. Nevertheless, I discover that every step we advance in carrying out our plan the more violent is the opposition. The bill on your table, sir, goes much further in providing for, and pointing out the landmarks of an entire and com- plete system, than any measure heretofore acted upon in Congress, and yet we find opposition increases. If those who wish to see an entire system presented will refer to Mr. Monroe's Message of the 27th of Januarv, 1825, page 453, Volume of Indian Treaties, and also to Mr. INDIANS FROM GEORGIA. 63 Calhoun's report accompanying that Message, they will find the great outline of the plan laid down. In that Message, Mr. Monroe says : "Being deeply impressed with the opinion that the removal of the Indian Tribes from the lands which they now occupy within the limits of the several States and Territories to the country lying west- ward and northward thereof, within our acknowledged boundaries, is of very high importance to our Union, and may be accomplished on conditions and in a manner to promote the interest and happiness of these tribes, the at- tention of the Government has been long drawn, with great solicitude, to the object. For the removal of the tribes within the limits of the State of Georgia the motive has been peculiarly strong, arising from the compact with that State, whereby the United States are bound to extin- guish the Indian title to the lands within it, whenever it may be done peaceably and on reasonable conditions. In the fulfilment of this compact I have thought that the United States should act with a generous spirit ; that they should omit nothing which should comport with a liberal construction of the instrument, and likewise be in accord- ance with the first rights of those tribes. From the view which I have taken of the subject I am satisfied that, in the discharge of these important duties, in regard to both the parties alluded to, the United States will have to en- counter no conflicting interests with either. On the con- trary, that the removal of the tribes from the territory which they now inhabit, to that which was designated in the Message at the commencement of the session, which would accomplish the object for Georgia, under a well digested plan for their government and civilization, which should be agreeable to themselves, would not only shield them from impending ruin, but promote their wel- fare and happiness. "Experience has clearly demonstrated that, in their present state, it is impossible to incorporate them in such masses, in any form whatever, into our system. It has also demonstrated, with equal certainty, that, without a timely anticipation of, and provision against, the dangers to which they are exposed, under causes which it will be difB- cult, if not impossible to control, their degradation and ex- termination will be inevitable." Such were the opinions of President Monroe in 1825, supported by an able report, going into an important de- tail, appertaining to every branch of the system proposed ■64 REMOVAL OF THE CHEROKEE ~by Secretary Calhoun. I will give the following short ex- tract from the report : "There are now in most of the tribes well educated, sober, and reflecting individuals, who are afflicted at the present condition of the Indians, and despondent at their future prospects. Under the operation of existing causes, they behold the certain degradation, misery, and even final annihilation of their race, and no doubt would gladly, embrace any arrangement which would promise to elevate them in the scale of civilization, and arrest the destruction which now awaits them." Mr. Adams, with great force of argument, while Presi- dent of the United States, sustained these doctrines and opinions. His two Secretaries, Governor Barbour and Gen'l Porter, \vith great ability, repeatedly enforced the same doctrines and principles to their full extent, which may be seen and read by referring to the State Papers v/hich are on the files of this House, and are always ac- cessible to the members of Congress. I therefore admonish every gentleman of this commit- tee who may be opposed to this measure to deal fairly with his constituents, and inform them that this is no new measure, emanating from President Jackson and the Geor- gians, but that it is a measure tested by many years' ex- perience ; and that it has received the sanction and support of the wisest and best men of the age. Jefferson gave to it the first official impulse ; Aladison, Monroe, Adams, Jackson, Calhoun, Barbour, Porter, Eaton, and a majority of the Senators and Representatives of the people of this great confederation of states have, in their ofificial capacities, repeatedly sustained the principles and policy of the bill on your table. This declaration is fully supported by the talks, treaties, laws, messages, and reports, to which I have already called the attention of the committee. It has not only been devised and sustained by the ablest statesmen of the country, but has received the approbation of a very large portion of the wise and the good throughout our country. Our most enlightened Superintendents and Agents of Indian Affairs have all be- come converts to Indian emigration ; our most pious and candid missionaries have also added their testimony in our favor. One of the most devoted and pious missionaries (the Rev. Isaac McCoy) with whom I am acquainted has said : "What plan will most likely be successful in accomplishing the reformation of the Indians?" He answers: "Without INDIANS FROM GEORGIA. 65 ceremony, I offer for consideration the plan recommended to the wisdom of Congress by Mr. Monroe, late President of the United States." The same gentleman says : "We are well aware of some formidable obstacles opposed to the removal of the Indians. "The obstacles to which we allude will not derive their origin or their support from the Indians themselves, but both will be found in the avarice of white men, near to, and mingling with, the Indians, whose interest it is for the natives to remain where they are, and in their present con- dition. I deeply regret the necessity of mentioning this circumstance, but justice to my subject, to the Indians, and to my own conscience, demands it of me. We may prepare to encounter a host of opposers, consisting of traders, both licensed and unlicensed, many of them speak- ing the Indian language fluently, and in habits of daily in- tercourse with them, often allied by marriage, and other- wise by blood ; and from many others who profit more or less by a commission from our Government, for the per- formxance of services in the Indian Department. Remove the Indians and the fountain fails. "Some estimate of the difficulties arising from this quarter may be found on considering the influence which the number of those interested persons, under their favora- ble opportunities, may exert on the minds of those ignor- ant, uninformed people, whose prepudices against us are generally inveterate, and whose jealousies are ever on the alert ; considering also, that, in the transacting of business, Government has been under the necessity of availing itself of the services of those very persons. The story requires much delicacy in the telling, and perhaps has never been, nor will it now be plainly told, that scarce a treaty with the Indians occurs in which the Commissioners of the United States are not obliged to shape some part of it to suit the convenience of some of this class of persons." This same worthy missionary says : "Societies and their missionaries should carefully guard against what we may term high coloring. We are naturally fond of telling the more favorable parts of the story, and rather desire the unfavorable parts of the story to sink into oblivion. I could readily point to statements respecting missionary operations which approximate this character too nearly ; but I deem it sufficient to mention this general and un- doubted fact, viz. : A man in Europe, by reading the whole of our missionary journals, narratives, reports, &c., 66 REMOVAL OF THE CHEROKEE would be apt to suppose the success of our labors was such that the aborigines of our country were rapidly im- proving their condition, both in respect to Christianity and civilization. How would such an one be disappointed, on visiting these regions, to find that, instead of improve- ment in general, they are rapidly decreasing in numbers, and perishing under their accumulating misfortunes. Both societies and missionaries are blamable in this thing. The latter claim a pretext from the peculiarities of their situa- tion. The views of the community in general, in relation to the true condition of the Indians, their character, and the character of the missionary labors among them, being erroneous, missionaries find great difBculty in managing those impressions which influence their patrons as well as other people. Few indeed are prepared for that tedious process which is usually unavoidable in the work. If a missionary is not able to state, in a tolerable degree, what would be deemed by his patrons evidence of success, and in a pretty short time too after he has commenced his labors, his supporters are liable to grow impatient, and to imagine the existence of some defect in him or his man- agement." I ask special attention to the foregoing extracts, as well as to the source from which they are taken. They are the deliberate opinions of one of our most experienced, pious, and persevering missionaries. Yes, sir, this comes from one who is resolved to devote his whole life in sustaining the missionary cause amongst the native Indians of his own country. Mr. Chairman : Having given an outline of the origin and progress of Indian emigration, and the support and favor which it has received from most of our distinguished statesmen and patriots, I now say, the experiment has been sufficiently tested to induce a large majority of the people of this Union ardently to desire its consummation. If it be inquired how I arrived at this conclusion, I answer, from the best index to public opinion — the press. At the present day, the press in our country is resorted to by every class of the community, civil and religious, to dis- seminate their opinions. The press seems to keep pace with the formation of new societies ; and we bid fair to outstrip any people in the world in the number and variety of our societies. Every new society seems to be resolved to have a printing press; and I regret to see so many of these new INDIANS FROM GEORGIA. 67 societies — established, no doubt, from good motives — throwing their support on many occasions into the scales of political demagogues. Men the most profligate often become the dictators of all the influence that these well- meaning people can bring into operation. Well, sir, if the press be the best index of public opinion, the people of this country are with us. I do not mean to be understood that more printing is done on our side than on the side of our opponents. No, sir, they greatly exceed us in quan- tity ; but their printing is confined to a limited circle. I invite your attention to the tone of the press on this sub- ject, in all the different sections and neighborhoods of the whole country. Even in those sections of the Union where we meet v/ith the most violent opposition, the best half of the press, political and religious, is on our side, and I en- tertain no doubt but the people in these sections give tone to the press. It is true, a combined few, from selfish and political considerations, have been led to great exertions, in the fashionable mode of the day, in getting up opposi- tion to this measure. We have been inundated with memorials, pamphlets, and speeches made at society and town meetings. But, sir, let it be remembered that weak minorities always made the most noise. Contented major- ities, conscious of their strength, are never found praying for a redress of grievances. Suppose, for a moment, that portion of the population of the Union north and east of this place to be equally divided on this question ; the entire South and Southwest, with the exception of a few aliens to their own interest, are in favor of this measure ; and I have no hesitancy in arriv- ing at the conclusion that much the larger portion of the religious community will be found on our side of the ques- tion, notwithstanding the denunciations and anathemas which have been pronounced agamst us. This proceeds from a few leading religionists of the 7iew concert sect, or that class of philanthropists who are going up and down in the land seeking whom they may devour. The two wide- spread denominations, the Baptist and Methodist, with whom I have had an extensive and intimate intercourse through my whole life, I am sure will never lend them- selves, in a united manner, as religious bodies, to aid polit- ical factions or designing demagogues. No, sir, these denominations were sufficiently tested during the late war. They stood by their country in the field of battle, and breasted the storm of war. They could pray for you in 68 REMOVAL OF THE CHEROKEE their closets and pulpits, without the fear of incurring Divine displeasure. One of these denominations (I mean the Baptists) have through their organs, the officers of their religious Boards, Conventions, and Associations, for years past, at every session of Congress, reminded you of the interest they feel and the labors they have bestowed towards the great object of Indian civilization. Moreover, they have expressed their convictions that your emigration plan afforded the best and most permanent prospect for success of their missionary efforts. Sir, no religious denomination in this country, as such, will be found unitedly giving them- selves up into the hands of political men to aid in the objects of political faction. It would be too tedious to name all the various sects of our country ; but, having named one or two, I avail myself of this opportunity of saying I have great respect for most of the denominations in our country, and have no unfriendly feelings to any. I wish them all prosperity in all their attempts to benefit mankind. Our good and worthy Quaker friends, who have been memorializing us on this subject, will all come right, as soon as their misapprehensions are corrected. When they ascertain that Georgia and President Jackson are by no mesns the advocates of war, famine, and pestilence, they will take us by the hand, and join us in advancing meas- ures of kindness, benevolence, and good will towards the Indians. Sir, I am not afraid to trust the Quakers. The religious people of this country are in the full enjoyment of religious liberty. It is all that the truly pious want. They want no ''Christian party in politics." I profess to admire that active spirit of Christian benevolence which has done so much for our coinmon country in the cause of letters and morality. That religion which carries its saving influence into families, congregations, and society in general, adorns its professors. The religious opposition to this measure is not confined to any particular sect, unless v/e give a ne^v name to a religious party in politics — a party which has some recruits from many, if not all the dififerent sects of the country. It is this new sect of Concert Brethren, against whom I direct mv censures. These cajitiiig faiiatics have placed them- selves upon this Indian question behind the bulwarks of religion and console themselves with the belief that the Georgians, whom they have denounced as Atheists, Deists, INDIANS FROM GEORGIA. 69 Infidels, and Sabbath-breakers , laboring under the curse of slavery, will never be able to dislodge them from their strong position. Sir, I therefore feel that I stand pledged in duty to my constituents to show to this House, and to the world, that these intermeddlers and disturbers of the peace and harmony of society have no just claims to the protection of that impenetrable fortress in which they have hitherto found refuge and protection. I rely with entire confidence upon those who carry the keys of this fortress ; they will deliver up the guilty to be dealt with according to law and justice. "By their fruit ye shall know them." Sir, before I pursue the course of the opposition any further. I will remark that I have so far confined myself principally to that part of the subject which relates to the interest of the Indians ; but there are other interests which are entitled to a share of your considerations. The State of Georgia, one of whose Representatives I am, has, from my infancy till this day, been struggling with perplexing diffi- culties, strifes, and heart-burnings, upon the subject of her Indian relations. Yes, sir, amongst my earliest recollections are the walls of ?n old fort, which gave protection to the women and children from the tomahawk and scalping knife of the In- dians. And let me inform you that, while the Indians have receded thousands of miles before the civilized population, in other sections of the Union, the frontier of Georgia has comparatively remained stationary. My present residence is not more than one day's travel from the place of the old fort to which I alluded. It is but part of a day's travel from my residence to the line of the Cherokee country. In entering upon this branch of my subject, I find it necessary to summon up all the powers of philosophy to restrain feelings of indignation and contempt for those who are at this time straining every nerve and using every effort to perpetuate on the people whom I represent the evils which they have borne for so many years ; and, what- ever has or may be said of this Union, would have sub- mitted, with equal patriotism, to the many ills and wrongs which v/e have received at the hands of those who were bound by the strongest human obligations to aid in re- lieving us from Indian perplexities, give us justice, and assist in the advancement of our peace, happiness, and prosperity. Georgia, sir. is one of the good old thirteen States ; she entered the Union upon an equal footing with any of her ■JO REMOVAL OF THE CHEROKEE sisters. She claims no superiority, but contends for equal- ity. That sovereignty which she concedes to all the rest, and would at any time unite with them in defending from all encroachment, she will maintain for herself. Our social compact, upon which we stand as a state, gives you the metes and bounds of our sovereignty ; and within the limits therein defined and pointed out our state authorities claim entire and complete jurisdiction over soil and population, regardless of complexion. The boundaries of Georgia have been defined, recog- nized, and admitted, by circumstances of a peculiar kind. Her litigations in relation to boundary and title to her soil may justly be considered as having been settled- "according to law." Her boundaries are not only admitted by her sister states, but by this General Government, and every individual who administered any part of it. Executive or Legislative, must recollect that the faith of this Govern- ment has stood pledged for twenty-eight years past to relieve Georgia from the embarrassment of Indian popula- tion. It is known to every member of this Congress that this pledge was no gratuity to Georgia. No, sir, it was for and in consideration of the two entire states of Alabama and Mississippi, I feel disposed to pity those who make the weak and false plea of inability, founded on the words ' ' reasonable and peaceable," whenever I hear it made. Such pettifogging quibbles deserve the contempt of a statesman. No man is fit to be a Congressman who does not know that the General Government might many years ago, upon both reasonable and peaceable terms, have re- moved every Indian from Georgia. But, sir, upon this subject this Government has been wanting in good faith to Georgia. It has, by its own acts and policy, forced the Indians to remain in Georgia, by the purchase of their lands in the adjoining states, and by holding out to the Indians strong inducements to remain where they are, by the expenditure of vast sums of money, spent in changing the habits of the savage for those of civilized life. All this was in itself right and proper ; it has my hearty approbation ; but it should not have been done at the expense of Georgia. The Government, long after it was bound to extinguish the title of the Indians to all the lands in Georgia, has actually forced the Cherokees from their lands in other states, settled them upon Georgia lands, and aided in furnishing the means to create the Cherokee aristocracv. INDIANS FROM GEORGIA. 71 Sir, I blame not the Indians ; I commiserate their case. I have considerable acquaintance with the Cherokees, and amongst them I have seen much to admire. To me, they are in many respects an interesting people. If the wicked influence of designing men, veiled in the garb of philan- throphy and Christian benevolence, should excite the Cher- okees to a course that will end in their speedy destruction, I now call upon this Congress, and the whole American people, not to charge the Georgians with this sin ; but let it be remembered that it is the fruit of cant and fanaticism, emanating from the land of steady habits ; from the boasted progeny of the Pilgrims and Puritans. Sir, my State stands charged before this House, before the Nation, and before the whole world, with cruelty and oppression towards the Indian. I deny the charge, and demand proof from those who made it. I have labored, as one of your Committee, day and night, in examining everything which has any connection v/ith the history of this subject. Amongst other duties, we have examined all the various laws of the colonial and state governments in relation to the Indians. The selection made and submitted has long since been in the hands of every gentleman of this House. Let the laws of other states be compared with those which are the subject of complaint, and it must then be admitted by every candid man that the states complained of stand pre-eminent in humaniity, mildness, and generosity towards the Indians. Georgia, it is true, has slaves ; but she did not make them such ; she found them upon her hands when she be- came a sovereign state. She never has, by her legislation, changed the state of freedom to slavery. If she has ever owned an Indian slave, it has never come to my knowl- edge ; but more than one of the other states of this Union liave not onlv reduced Indians to a state of slavery, but have treated them as brutes, destitute of any human rights — depriving them of their own modes of worshipping Deity — hunting them ?s Vsald beasts for slaughter — holding out rewards for their scalps, and even giving premiums for the raising of a certain breed of dogs, called bloodhounds, to hunt savages, that they might procure their scalps, and obtain the reward ofifered by Government for them. Sir, compare this legislation with that of Georgia, and let the guiltv be put to shame. Should I be censured for going to the history of past times — a centurv or two back ; should I be accused of visit- 72 REMOVAL OF THE CHEROKEE ing the sins of the fathers on the children, permit me to say I hold in my hand a pamphlet, recently published in Boston, and said to have been written by the chief secre- tary of the new sect, who is also said to be the author of "William Penn ;" and those who will read this pamphlet, written at the present day. will perceive a more savage, superstitions, and diabolical spirit than was ever possessed by the authors of the pow-ivozv, scalping, slave, and dog la-ivs. I will give you a few extracts from this pamphlet, which purports to be an article copied from the American Alonthly Magazine, Page 14. "The Indians had better stand to their arms and be ex- terminated than march further onwards to the Pacific, in the faith that the coming tide of civilized population will not sweep them forever till they mingle in its depths. Bet- ter thus than remain to be trampled as the serfs of Geor- gia, to have their faces ground by the pride and op- pressions of their slave-holding neighbors, to be extermi- nated by the more powerful, and not less sure, tho' slower operation of the vices of the white. God forbid that the prayers which have ascended for the Indians, and the exer- tions which may be made in their behalf, should fail ; it would be better that half the states of the Union were anni- hilated, and the remnant left powerful in holiness, strong in the prevalence of virtue, than that the whole nation should be stained with guilt, and sooner or later disorganized by the self-destroying energies of wickedness. We would rather have a civil war, were there no other alternative, than avoid it by taking shelter in crime ; for besides that, in our faith, it would be better for the universe to be anni- hilated than for one jot or tittle of the law to be broken, we know that such a shelter would only prove the prison house of vengeance and despair. "We would take up arms for the Indians, in such a war. with as much confidence of our duty as we would stand with our bayonets on the shores of the Atlantic, to repel the assaults of the most barbarous invader. Perhaps we do wrong to make even the supposition ; for it can never come to this. But let anything come upon us rather than the stain and curse of such perfidy as has been contem- plated. "Let the vials of God's wrath be poured out in plague, and storm, and desolation ; let our navies be scattered to the four winds of Heaven ; let our corn be blasted in the INDIANS FROM GEORGIA. 73 fields ; let our first born be consumed with the stroke of the pestilence ; let us be visited with earthquakes, and given as a prey to the devouring fire ; but let us not be left to com- mit so great an outrage on the laws of nations and of God ; let us not be abandoned to the degradation of national perjury, and, as its certain consequence, to some signal addition of national woe. Let us listen to the warning voice which comes to us from the destruction of Israel." The pamphlet from which I have read contains ^2 pages, and is interspersed throughout with a spirit corre- sponding with what I have read. Sir, shall I express my surprise at this "Christian party in politics" who condemn all their brethren who will not unite with them in all their machinery of societies and schemes for governing public opinion in this land of freedom ; or shall I remember that if the wicked one himself can assume the form of an angel of light, to deceive and effect his diabolical purposes, then we need not be surprised to see the children walking in the footsteps of their parents? The fallacious matter con- tained in this pamphlet and its senior brother, "William Penn," we shall find to be strong fjround relied upon here. Our opponents here wih be found in close union with these cojicert brethren. And here it is, sir, for the first time, we find anything like a tangible form in the opposition \o Indian emigration, sustained and encouraged as it has been by every administration, from President Jeflferson to Mr. Adams inclusive ; we have never before seen a concerted and united opposition, nor has any individual who had any pretensions to the first honors of the country heretofore ventured to oppose this system. In the course of the last year, the numbers over the signature of "William Penn" appeared in the National In- telligencer, and, although said to be written by a very pious man, deeply merged in missionary eflforts, they evi- dently have much more of the character of the politician and lawyer than that of an humble missionary. At the proper moment for effect, too, we see the distinguished orator of the West, he who filled the chair which you now occupy, entering upon this subject with his usual zeal and ingenuity. This Indian subject was introduced into one of his set speeches, professedly on the subject of African colonization. But the two subjects are adroitly blended to- gether, and were designed as a cutting philippic upon President Jackson and his administration, and, at the same time, admirably calculated to organize his political co- 74 REMOVAL OF IHE CHEROKEE workers in every part of the Union. I was not surprised at his expressions of deep feehngs of interest for the suf- fering sons of Africa and the forest. It was to be expected from a popular speech-maker. But I confess the pious part of the address shocked my better feehngs. If I had been ignorant of the gentleman's character I should really have considered him a preacher of righteousness, deeply imbued with the spirit of the age ! Where do you find one solitary opponent of President Jackson in favor of the measure on your table? I do not know one. Sir, I have tried to prevent party considera- tions from operating on this question ; but our opponents are an organized band ; they go in a solid column. The friends of the administration are by no means united upon many subjects of general policy; each one thinks and acts for himself; but shall our differences upon other subjects operate upon our judgments in making up an opinion upon this important subject? Your attention has been called to it iti the forcible language of truth, by your vener- able Chief Magistrate. It is sustained by reason, experi- ence, humanity, and every consideration of wise policy. It is a measure of great importance to the interest, peace, and harmony of many of the states ; and to the poor afflicted and perishing Indians it is a measure of salvation. No man living entertains kinder feelings to the Indians than Andrew Jackson. If any President of the United States has deserved the appellation of friend and father to the In- dians, it is he who is now at the helm. Having been the instrument of the Government to chastise them in times that are gone by, so far as to bring them to a knowledge of their true condition and duty, he is the better qualified to sympathize with them in all their afflictions. He not only is, but has long been, their true friend and benefactor. This opposition is not to the policy proposed, but to the man who recommends. I therefore trust his friends will not be found in the ranks of the enemy. I trust in God more are they who are for us than those who are against us. The opposition reminds me of Jonah's gourd which sprung up in a night and perished in a day. It could bear the light and heat of but a single day, because there w-as a canker at the root. The present opposition cannot stand before the light of truth, reason, and sound policy — it will soon pass away. Upon this ciuestion our political opponents have availed themselves of the aid of enthusiastic religionists, INDIANS FROM GEORGIA. 75 to pull down the administration of President Jackson. Sir, pure relii^ion will aid and strengthen any cause ; but the undefiled religion of the Cross is a separate and dis- tinct thing in its nature and principles from the noisy cant of the pretenders who have cost this Government, since the commencement of the present session of Con- gress, considerably upwards of $100,000 by their various intermeddlings with the political concerns of the country. Who compose this ''Christian party in politics," here and elsewhere ? Are they those individuals who are most dis- tinguished for morality and virtue? I will leave these questions to be answered by others, and pass on to some further notice of the Boston pamphlet from which we shall, no doubt, have many quotations before we get through this discussion. It is the statements found in these pamphlets and mag- azines which are relied on as truth that have induced so many worthy peopl.e at a distance to espouse the cause of Indian sovereignty as assumed by the Cherokees. The general condition of the Cherokees in these publications is represented as being quite as comfortable and prosper- ous — yes, sir, and as enlightened, too, as the white popula- tion in most of the states. Compare the pictures drawn by these pamphlet writers and memorialists of the conai't school, in which they have painted Georgia on the one side and the Cherokee sovereignty on the other. From these publications not only the stranger in a foreign land but the honest laboring people of New England, who stay at home and would mind their own business if let alone by these canting fafiatics, verily believe that the Georgians are the worst of all savages ; that they can neither read nor write ; that they are infidels, deists, and atheists ; and they never hear a Gospel sermon except from a New England missionary. Upon the other hand they are taught to be- lieve that the Cherokee Indians are the most prosperous, enlightened, and religious nation of people on earth — ex- cept, indeed, the nation of New England. These Boston writers are not a people who work for nothing and find themselves. No, sir, I entertain no doubt but that they are well paid for all "their labors of love" in the cause of Cherokee sovereignty. The Cherokees receive large annuities from this Gov- ernment ; they have a rich treasury, and their Northern allies understand giving a saving direction to their financial disbursements. These Northern intruders are numerous 76 REMOVAL OF THE CHEROKEE and influential amongst the Cherokees. One religious Board to the North (of whom "William Penn" is chief secretary) furnished the Southern tribes of Indians with upwards of twenty stationary missionaries, besides super- intendents, mechanics, &c., &c., chiefly composed of our Northern friends. No doubt. Sir, but President Ross him- self, with all his oflficial subordinates, has long since found it expedient to yield the chief control of the ptirse and the press, which you know are said to be the strength of nations, to his more skilful and eagle-eyed friends and allies. But for these annuities we should not have been encumbered, throughout the session, with memorials from Maine to Steubenville, in Ohio. These self-enlisted re- porters of the state and condition of the Cherokee Indians tell you they are already a civilized and Christianized peo- ple. Abounding in the necessary comforts of domestic and agricultural life, their civil, political, and religious advance- ment is ostentatiously compared with the whites in some of the States ; and for proof of their statements they refer you to their hireling letter writers, and their magazines and newspapers ; and the statements drawn from these sources are relied on by a certain portion of the community, in and out of this House, in preference to any testimony, what- ever may be the merit of the source from which it ema- nates. Now, sir, I will tell you how far these statements are to be relied upon. I have carefully and repeatedly examined all these magazine and pamphlet publications. They contain a great deal of truth, but not the whole truth, and nothing else but the truth. These publications remind me of a long exploring tour which I made in the West, near twenty years ago. On my return home my friends and neighbors called in to hear the news from the Western country. I described to them the rich and fertile lands of the Mississippi, its bountiful productions, &c., and before I got through with the good things, they said, "it is enough ; let us all remove to the good country." But when I told them of the evil things, and gave them the whole truth, they changed their hasty opinions, and concluded it would be best to remain in their beloved Georgia. Sir, the application of this story is easy — every gentleman can make it for himself. But I promised to inform you how far these magazine statements were en- titled to credit ; but, before I begin, I will refer you to my list of witnesses. Thev mav be found amongst the Sena- INDIANS FROM GEORGIA. 77 tors and Representatives of the present Congress from the states bordering on the Cherokee country. I could multi- ply testimony to bear me out in all that I have or shall say on this subject; but, in law, we consider every word established by the corroborative testimony of two or three witnesses. I admit we do find in the Cherokee country many families enjoying all the common comforts of civil and domestic life, and possessing the necessary means to secure these enjoyments. Moreover, we find a number of schools and houses built for religious worship. Many of these comfortable families, too, are composed of natives born in the Cherokee country. But the principle part of these enjoyments are confined to the blood of the white man, either in whole or in part. But few, very few, of the real Indians participate largely in these blessings. A large portion of the full-blooded Cherokees still remain a poor degraded race of human beings. As to the propor- tion that are comfortable, or otherwise, I cannot speak from my own personal knowledge with any degree of certainty ; but from what I have seen, I can readily con- clude that but a very small portion of the real Indians are in a state of improvement, whilst their lords and rulers are white men, and descendants of white men, enjoying the fat of the land, and enjoying exclusively the Government annuities upon which they foster, feed, and clothe the most violent and dangerous enemies of our civil institu- tions. Whilst the smallest intrusion (as it is called) by the frontier citizens of Georgia on the lands occupied by the Cherokees excites the fiery indignation of the fanatics, from one end of the chain of concert aytd coalition to the other, do we not find an annual increase of intruders, from these philanthropic ranks, flocking in upon the poor Cherokees, like the caterpillars and locusts of Egypt, leaving a barren waste behind them? Yes, sir. these are the intruders who devour the substance which of right belongs to the poor, perishing part of the Cherokees. They divide the spoil with the Cherokee rulers, and leave the common Indians to struggle with want and mis- ery, without hope of bettering their condition by any change but that of joining their brethren West of the Mississippi. The inhumanity of Georgia, so much complained of, is nothing more nor less than the extension of her laws and jurisdiction over this mingled and misguided population who are found within her acknowledged limits. 78 REMOVAL OF THE CHEROKEE And what, I would ask, is to be found in all this that is so very alarming? Sir, I have endeavored to tear the mask from this subject, that the character and complexion of this opposition might be seen and known. The absolute rulers of the Cherokee country, like other men, love office, distinction, and power. They are enjoying great and peculiar benefits. They do not like the idea of becoming private citizens. It is with great reluctance they yield up their stewardship. They know they have not been faithful to the intercut of the poor degraded Indians. They know the great mass of their people have been left to suffer in want and ignorance, whilst they have spent their substance in forming foreign alliances with an enthusiastic, selfish and money loving people. These men, when incorporated into the political family of Georgia, cannot calculate on becoming at once the Randolphs of the State. And if they join the Western Cherokees they cannot carry with them their present assumed sovereignty and rule. They will there find equals in many of their pioneer brethren. The Cadmus of the Cherokees, George Guess, and many others, are already there. Yes, sir, these West- ern Cherokees are in the full enjoyment of all the bless- ings of their emigrating enterprise, and there is but one opinion among them in regard to their relative comfort and prospect of future blessings. All the various emi- grants to the West so far agree as to authorize the assur- ance that no inducement could be offered to them strong enough to bring them back again. The Cherokees and Creeks are charmed with their country, and to the many things which attach to their com- fort in it. The New England farmers who have emigrated to the fertile valleys of the West would as soon consent to return to the barren sand and sterile rocks of their native land as a Western Cherokee or Creek would return to the sepulchre of his forefathers. Pages may be filled with the sublimated cant of the day, and in wailing over the departure of the Cherokees from the bones of their forefathers. But if the heads of these pretended mourners were waters, and their eyes were a fountain of tears, and they were to spend days and years in weeping over the dep^irture of the Cherokees from Georgia, yet they will go. The tide of emigration, with the Indians as well as the whites, directs its course west- wardly. INDIANS FROM GEORGIA. 79 I am apprised, sir, that principles of natural law and abstract justice have been appealed to, for the purpose of sustaining the pretensions of the Cherokee Indians. Whatever doctrines may have been advanced by theoreti- cal writers upon this subject, the practical comment of all nations will sustain the doctrines contained in the Message of President Jackson at the commencement of the present session of Congress, which reads as follows : "The condition and ulterior destiny of the Indian Tribes within the limits of some of our states have become objects of much interest and importance. It has long been the policy of the Government to introduce among them the arts of civilization, in the hope of gradually reclaiming them from a wandering life. This policy has, however, been coupled with another, wholly incompatible with its success. Professing a desire to civilize and settle them, we have, at the same time, lost no opportunity to purchase their lands, and thrust them further into the wilderness. By this means they have not only been kept in a wandering state, but led to look upon us as unjust and indifferent to their fate. Thus, though lavish in its expenditures upon this subject, the Government has constantly defeated its own policy ; and the Indians, in general, receding further and further to the West, have retained their savage habits. A portion, however, of the Southern tribes have mingled much with the whites, and made some progress in the art of civilized life, have lately attempted to erect an inde- pendent government within the limits of Georgia and Ala- bama. These States, claiming to be the only sovereigns within their territories, extended their laws over the In- dians, which induced the latter to call upon the United States for protection. "Under these circumstances, the c[uestion presented was, w^hether the General Government had a right to sus- tain those people in their pretensions? The Constitution declares that 'no new state shall be formed or erected with- in the jurisdiction of any other state.' without the consent of its Legislature. If the General Government is not per- mitted to tolerate the erection of a confederate state with- in the territory of one of the members of this Union against her consent, much less could it allow a foreign and independent government to establish itself there. "Georgia became a member of the confederacy which eventuated in our Federal Union, as a sovereign state, al- ways asserting her claim to certain limits, which having 8o REMOVAL OF THE CHEROKEE been originally defined in her colonial charter, and subse- quently recognized in the treaty of peace, she has ever since continued to enjoy, except as they have been circum- scribed by her own voluntary transfer of a portion of her territory to the United States, in the articles of cession of 1802. "Alabama was admitted into the Union on the same footing- with the original states, with boundaries which were prescribed by Congress. There is no constitutional, conventional or legal provision which allows them less power over the Indians within their borders than is pos- sessed by Mai'.Te or New York. Would the people of Maine permit the Penobscot tribe to erect an independent government within their state? And unless they did, would it not be the duty of the General Government to support them in resisting such a measure? Would the people of New York permit each remnant of the Six Na- tions within her borders to declare itself an independent people under the protection of the United States? Could the Indians establish a separate republic on each of their reservations in Ohio? And if they were so disposed, would it be the duty of this Government to protect them in the attempt? If the principle involved in the obvious answer to these questions be abandoned, it will follow that the objects of this Government are reversed; and that it has become a part of its duty to aid in destroying the states which it was established to protect. "Actuated by this view of the subject, I informed the Indians inhabiting parts of Georgia and Alabama that their attempt to establish an independent government would not be countenanced by the Executive of the United States, and advised them to emigrate beyond the Mississippi or submit to the laws of those states. "Our conduct towards these people is deeply interest- ing to our national character. Their present condition, contrasted with what they once were, makes a most pow- erful appeal to our sympathies. Our ancestors found them the uncontrolled possessors of these vast regions. By per- suasion and force, they have been made to retire from river to river, and from mountain to mountain, until some of the tribes have become extinct, and others have but remnants to preserve, for awhile, their once terrible names. Surrounded by the whites, with their arts of civilization, which, by destroying the resources of the savage, doom him to weakness and decay, the fate of the Mohegan, the INDIANS FROM GEORGIA. 8l Narragansett, and the Delaware, is fast overtaking the Choctaw, the Cherokee, and the Creek. That this fate surely awaits them if they remain within the limits of the states does not admit of a doubt. Humanity and national honor demand that every effort should be made to avert so great a calamity. It is too late to inquire whether it was just in the United States to exclude them and their terri- tory within the bounds of new states whose limits they could not control. "That step cannot be retraced. A state cannot be dis- membered by Congress, or restricted in the exercise of her Constitutional power. But the people of those states, and of every state, actuated by feelings of justice and regard for our national honor, submit to you the interesting question whether something cannot be done, consistently with the rights of the states, to preserve this much injured race? "As a means of effecting this end, I suggest for your consideration the propriety of setting apart an ample dis- trict west of the Alississippi, and without the limits of any state or territory now formed, to be guaranteed to the In- dian tribes as long as they shall occupy it ; each tribe hav- ing a distinct control over the portion designated for its use. There they may be secured in the enjoyments of Gov- ernments of their own choice, subject to no other control from the United States than such as may be necessary to preserve peace on the frontier and between the several tribes. There the benevolent may endeavor to teach them the arts of civiHzation, and, by promoting union and har- mony among them, to raise up an interesting common- wealth, destined to perpetuate the race, and to attest the humanity and justice of this government. "This emigration should be voluntary ; for it would be as cruel as unjust to compel the aborigines to abandon the graves of their fathers, and seek a home in a distant land. But they should be distinctly informed that if they remain within the limits of the states they must be subject to their laws. In return for their obedience, as individuals, they will without doubt be protected in the enjoyment of those possessions which they have improved by their industry. "But it seems to me visionary to suppose that, in this state of things, claims can be allowed on tracts of country on which they have neither dwelt nor made improvements, merely because they have seen them from the mountain, or 82 REMOVAL OF THE CHEROKEE passed them in the chase. Submitting to the laws of the states, and receiving Hke other citizens protection in their persons and property, they will, ere long, become merged in the mass of our population." Mr. Chairman, the extract from President Jackson's Message, just read, is an unanswerable speech in favor of the entire measure on your table. Moreover, short as it is, it contains an irrefutable argument against everything which can be devised by the ingenuity of our opponents upon this subject. They may theorize upon the subject as to what ought and what might have been done in rela- tion to the Indians ; they may calmly look on and advise those who are in pain to be easy and quiet ; they may give lectures upon morality, humanity, and benevolence, by an imaginary state of things which does not exist ; but the President of the United States, with his usual practical good sense, takes up the subject as it actually exists, points out the course which should be pursued as best cal- culated to benefit the Indians, as well as the states, and tells you plainly no other alternative is left that will not terminate in the destruction of the Indians, as well as the rights and soverignty of the states. Yes, sir, good and evil are placed before you. The only hope of the salvation of the Indians is in your hands. Their destiny is suspended on a single thread.' God forbid that I should ever be so far infatuated by party prejudice for or against any man, or set of men, as to be induced to use my influence to de- stroy the remnant of the sons of the forest, or jeopardize the best interests, the peace, harmony, and prosperity of any of the States or Territories of this Union. Sir, I never shall enter the partizan list to such an extent. I love my friends, but I love my country more. It gives me pain to be under the necessity of making the allusions which I have done to individuals, societies, and sections of our country. I would gladly have avoided it, and nothing but a sense of duty could have influenced me to expose the opposition to this measure as I have done. I hope, however, that the spirit and intention of my remarks v.ill not be misconstrued. I entertain no hostile or unfriendly feelings toward any human being. Everything that de- serves approbation or admiration, in every section of my whole country, is dear to my heart. I have not travelled out of the path of my duty to commence attacks on any individual or community, but, without intimidation, I have acted on the defensive. This, sir, was due to my con- stituents as well as myself. INDIANS FROM GEORGIA. 83 Having said so much in regard to the President's Message, I will return to the elementary writers upon natural law, but shall give no quotations from, or com- ment upon what or on what they have not written. I merely refer to them for the purpose of saying I think a fair, practical comment upon those laws, so far as they relate to the subject under consideration, may be found in the his- tory of the Colonial, State, and General Govern- ments of this country. If this proposition be admitted, it is visionary to suppose that the Indian claims can be sustained to large tracts of country on which they have neither dwelt nor made improvements, merely because they have seen them from the mountain or passed them in the chase. In all the acts, first by the Colonies, and afterwards by the State Governments, the fundamental principles, that the Indians had no right either to the soil or sovereignty of the countries they occupied has never been abandoned, either expressly or by implication. The rigor of the rule for excluding savages from the soil, to make room for agriculturalists, has been mitigated, the earth being in- tended for the benefit of all mankind. The Indians are secured in a sufficient quantity of the lands they occupy for every useful agricultural purpose. Hence we find reservations made to the Indians in most of the old states, as well as the Federal Government. It is believed that no respectable jurist would risk his reputation that a right to land could be maintained before any of our Courts, State or Federal, Vv'hen the title has been derived from In- dians, unless the land has been granted or patented by the Federal or State Governments. The practice of buying Indian lands is nothing more than the substitute of humanity and benevolence, and has been resorted to in preference to the sword, as the best means for agricultural and civilized communities entering into the enjoyment of their natural and just right to the benefits of the earth, evidently designed by Him who formed it for purposes more useful than Indian hunting grounds. When the Indians in a colony or state were numerous, powerful and warlike, it has been the practice of all to conciliate them by entering into condescending compacts and treaties, and thus effect by prudence what they were unable to perform by force. By all the old states, except Georgia, this kind of treaty legislation has long since been F4 REMOVAL OF THE CHEROKEE abandoned, and direct legislation for the control and government of the Indians substituted in lieu thereof. The opnion of the Supreme Court, referred to by my friend (Mr. Bell) from Tennessee, I believe is considered and received as orthodox by every state in the Union, in which the distinguished and learned Judge Spencer, (now a member of the H. Reps.) declared "that he knew of no half way doctrine on this subject." If a state has jurisdic- tion at all, it has coipplete and entire jurisdiction. The principal upon which jurisdiction is assumed does not admit of division. Sir, much has been said and written with a view of maintaining the doctrine of Indian sovereignty, and I admit many of the acts of the General and State Govern- ments may be selected, apart from their general policy, which would seem to afiford support to this position. Yet, when we take the whole policy and history of these Gov- ernments as exhibiting an entire system, it must be ad- mitted they have never hesitated to extend their sov- ereignty over the Indians in their respective spheres, when it was deemed expedient to bring them under their laws and jurisdiction ; unless, indeed, we find this hesitancy in the absence of physical power. Here I will remark, Mr. Chairman, that the only rea- son why any state in this Union has permitted the inter- ference, or sought the aid of the General Government to take any part in the management and control of the Indian Tribes residing within their respective boundaries, has been on account of their physical weakness, and they have, therefore, looked to this Government for that aid and succor, to afford which it was established by the sev- eral states of this Union. Yes, sir, this Government was formed to protect, and not to destroy, the State Govern- ments. In all the states we find, so soon as the Indians were reduced to a condition that no danger was to be apprehended from their power and hostility, the states have invariably taken their Indian affairs into their own hands, and no longer looked to the Federal arm for aid. Upon every branch of this subject it is necessary con- stantly to keep in view the distinction between privileges and communities. The states have privileged the General Government to assume the management of very important matters connected with their Indian relations. Yes, sir, the aid of this Government has often been sought in those matters ; nevertheless, while the states thus sought and INDIANS FROM GEORGIA. 85 assented to this exercise of power on the part of the Gen- eral Government, it was from motives of prudent poHcy and interest. No state of the Union ever saw the time that they would have yielded to this exercise of power, when claimed as a right, and attempted to be enforced contrary to the wishes of the state. It is the same case in regard to the Indians residing in a state. They are privileged, in very many respects, far beyond their rights or immunities. While the population of a state is small, and its territory extensive, large tracts of country are permitted to remain for the use and privilege of the Indians, to hunt and roam from place to place. They are also left to regulate their own affairs according to their own customs, without any interference on the part of the state. But when this state of things becomes changed, as it now has in Georgia, the State is of necessity compelled to assert and maintain her rights of sovereignty and jurisdiction. If the question of the right of Georgia to unqualified jurisdiction within her own limits is considered as forming any part of the subject under consideration, by implication or otherwise, I think I may, with great confidence, look to this House for a just decision. But should I be disap- pointed in an American Congress, I will then appeal to the people and States of the Union. Congress have some- times failed to obey the will of their constituents, and they may do so upon the present occasion. If they do, I look to the unofBcial sovereign people to apply the proper remedy. Mr. Chairman, my physical strength admonishes me to draw to a close, and but for the peculiar situation in which I stand related to the subject, and the more forcible con- sideration that the character of Georgia should be vindi- cated and exculpated from the many aspersions and cal- umnies cast upon her, here and elsewhere, my remarks would have been few, and strictly confined to the subject, but much as I have already said, and desultory as I know my remarks have been, I must beg leave to ask, in the name and behalf of the people of Georgia, a comparison between her laws and proceeding with those of any one of he'r sisters of the old thirteen who achieved the glory of our liberty and independence. In humanity, forbearance, and liberality towards the Indians, Georgia has no superior, if she does not stand pre-eminent. The prosperity and advancement of the In- dians within her boundaries is the theme of Indian his- 86 REMOVAL OF IHE CHEROKEE tory, and the glory of missionary efforts. Volumes have already been written, and sent to every quarter of the globe, to carry the glad tidings of the advancement and reformation of the Georgia Indians. And yet, Sir, have you not from day to day, throughout this long session, seen the provocations teeming upon President Jackson and the Georgians, and a spirit of asperity rarely witnessed in this or any other country? Martyrdom, the fagot, the flame, and stake, seem to inspire the ardent hopes and ambition of our opponents. Sir, Georgia would turn away from such sacrifices ; she requires no such immolation to re- strain the impetuosity of her citizens from acts of inhu- manity and violence towards the Indians, or any other people. If you want any evidence of the generous spirit and liberality of Georgia, turn your eye to the maps which adorn your walls ; look upon the two flourishing states of Alabama and Mississippi ; for these States may, to a con- siderable extent, be considered a donation on the part of Georgia to this confederation of states. It is true Geor- gia did, at the time she ceded that territory to the Union, expect to relieve herself thereby of litigation and embar- rassments with which she was harassed, and which were of an unpleasant and perplexing nature ; and her compact with this Government, in 1802, secured the pledge and faith of the Federal Government to effect these desirable objects for Georgia. Yes, sir, from the signing of the compact of 1802, Georgia had a right to expect peace and quiet on the subject of the Yazoo speculation, as well as a speedy, reasonable, and peaceable relief from all Indian claims to lands within her borders. But, Sir, we have ex- perienced a ten-fold portion of that disappointment which the vicissitudes of fortune bring to man. What has been the history of the engagements formed by that compact? Let facts answer this question. From that day to this, Georgia has been the subject of unre- mitted and unmerited abuse. While the claims of the Yazoo speculators were pending before this Government, it was seized upon as a fit occasion, by prejudice and ig- norance, to censure and revile Georgia, apparently forget- ting the fact that this Government had been a great gainer by the misfortunes of Georgia, and had actually received an hundred-fold for all its troubles and expense in settling and quieting these claims. Again, sir, from that day to this, whenever the subject of extinguishing Indian title to lands within the limits of Georgia has offered the slightest opportunity for declama- INDIANS FROM GEORGIA. 87 tion, we have, with deep regret, discovered the same spirit which the gentleman from New York (Mr. Storrs) has manifested upon the present occasion. But, sir, I will not dwell upon the wrongs of Georgia. It is the province of weakness to complain. We have sought from this Government our rights in the fulfilment of her engagement with us. They have long been with- held, upon frivolous excuses. We had lost confidence in any appeals which we could make to this Government ; that confidence has been restored to the Executive branch of the Government by the course which has been marked out and pursued by our present Chief Magistrate. He has spread his opinions before the Nation in relation to the claims and rights of Georgia upon the Indian subject. Georgia is now waiting to hear the response of this branch of the General Government. A disposition mani- fested on your part to make reparation to Georgia for the multiplied wrongs which she has endured will be grateful to the feelings of every Georgian. Rut, sir, arraigned as we are at your bar, we have no supplications to make. We deny your right of jurisdic- tion. Upon the subject of our sovereignty we fear nothing from your sentence. Our right of sovereignty will not be yielded. If you do not perform your duty, by withholding your opposition to long-delayed justice, and fulfil the con- ditions of your contract of twenty-eight years' standing, I would then advise you to let us alone, and leave us to manage our own affairs in our own way. While I would scorn to be heard in the tone of supplication, in reference to the rights of my constituents, I would, nevertheless, as the sincere and candid friend of the Cherokee Indians, use the language of expostulation in their behalf. The Chero- kees, as well as the Georgians, are tired of suspense. A crisis has arrived which calls for action. Things can no longer remain in their present state. Some acknowledged, competent authority must be sus- tained in what is called the Cherokee country. In its ab- sence we may daily expect to hear of anarchy and blood. It is not only intruders from Georgia, but from various ether states, who have recently rushed into the Cherokee country, to avail themselves of the advantages which may be found. Give your support to the bill under consideration. Hold out no vain and delusive hopes to these sons of the forest. The history of the past gives them strong claims on our sympathy, benevolence, and liberality. Join us in 88 REMOVAL OF THE CHEROKEE the great effort to save the remnant tribes of the aborigi- nes. They are a peculiar people. They look back to the time when they were the undisputed masters of this mighty continent. They see in the future no reward for ambition or exertion, unless you plant them in permanent homes, where the extended views of their true friends and benefactors may systematically go forward with some prospect of success. CHAPTER VII As I write for the information of those who may sur- vive me, and upon subjects identified with my own Hfe, I do not feel at Hberty to with-hold from the reader either records, facts, or opinions which I may have enter- tained, which I deem to be necessary to the ehicidation of the subjects upon which I dwell. I feel it my duty in a special manner to dwell somewhat at large upon the his- tory of the relations which have existed between both the Federal and vState Governments of our country and the Indian tribes who preceded Europeans in the occu- pancy of this country. The history of my own State, in connection with Indian afifairs, fills many pages on the records of our State and General Government. And the Cherokees, the last lingering tribe removed from the limits of Georgia, are in many respects pre-eminently dis- tinguished in the history of the past, and often at the ex- pense of the character of Georgia and her prominent citizens who happened to be at the helm of public affairs in the State at the time of the greatest difficulty with this tribe of the aboriginal race. And should the histori- cal and official records of the country prove that I have done more than others in expediting and consummating termination of the difficulties and embarrassments in the removal of the Indians from the different States and Ter- ritories, and the Cherokees especially, from the limits of Georgia, by colonizing and collecting them in a suitable country for their well being to the west of the Mississippi, and out of the limits of all the States and Territories of the Union, then may I not claim the reward of having rendered efficient aid in a good cause by many years of toil, hazard and labor, in benefiting the State, as well as the Indians? Moreover, in having aided in improving the policy and intercourse of civilized Governments to- wards a dependent and subdued remnant of the wild men of America? If I may be allowed to discriminte in the labors of my own life, I would put a higher estimate on the many years of toil spent in connection with Indian affairs than any one branch of my public labor. I hope I may not be thought assuming while I ask (89) go REMOVAL OF IHE CHEROKEE that my various and long continued efforts in connection with Indian affairs may be measured by the success which attended them. And in order to afford the means to every one who may desire a correct knowledge of these im- portant matters of history, I herewith submit for consid- eration various official documents, and only require the readers' serious consideration and reflection, in order to come to correct conclusions in regard to all these matters. And having entered so far upon this subject, I will drop for the present my general narrative, and consecutively place before the reader many of the most prominent documents which I deem necessary to sustain all that I have assumed in regard to this subject. And in order, to a clear understanding of the docu- ments which I intend to submit, it is necessary briefly to state the order of the public positions which I occupied from 1830 to 1840. In October, 1830, I was again elected a member of (the 22nd) Congress, and in the De- cember following proceeded to Washington, and served out my term (till the 4th of March, 1831) as a member of the 2ist Congress.* During this session, I became con- vinced, from the very numerous communications received from my constituents, that I could not satisfy my friends at home without becoming a candidate for Governor of Georgia at the next October election. I deeply regretted this feeling on the part of my friends and constituents, and by numerous letters written in reply to those received on the subject I endeavored to convince my friends that it would be best for me to serve out the two years in Congress to which I was already elected. And I was alto- gether sincere in desiring to continue in Congress at this time. My success in all my measures in regard to Indian affairs, and my assiduous devotion to all my duties as a member of Congress, as well as the experience which I had gained from six years' service in that body, all tended to give me, as I thought, a more favorable position for extended and general usefulness to the country, as a mem- ber of Congress. Moreover, I thought my position alto- gether favorable to still urge on my policy of the general emigration of the Indians to the West, including the Cher- okees of Georgia. And I was apprised that many of my constituents thought that if I was in the Executive Chair of Georgia I could succeed in the removal of the Chero- kees more speedily than could be done by my efforts at * The 2d session of the 21st Congress began Dec. 6, 1S30, and ended March 4^ 1831. The ist session of the 22d Congress began Dec. 5, 1S31. INDIANS FROM GEORGIA. gj Washington. I was fully apprised too of all the difificul- ties I had to encounter, if elected to the Executive Chair. First, 1 should have to encounter the displeasure of Governor Gilmer, then Governor of Georgia, and desirous of re-election, as well as that of his numerous friends and supporters. Moreover, I knew that my policy on the In- dian subject would differ from his on some very im- portant points which would divide the councils and strength of the State. Furthermore, although I knew my popularity with the people of Georgia as a Congressman, I did not feel as- sured that they wished to change my position at the ex- pense of expelling Governor Gilmer from the Executive Chair ; for I considered him a man of great popularity in Georgia. Under all these circumstances my reluctance was very strong, while yielding to the demand of my friends. But I was forced to become a candidate, and was elected in Oct., 1831, Governor of Georgia, by a majority of about fifteen hundred votes. And on the 9th of Nov. following, after the ordinary ceremonies of inaug- uration, and delivering the following address, and taking the oaths of office required by the Constitution, I entered on the duties of my office. INAUGURAL ADDRESS. Fellow Citizens : Called by the voice of the people of Georgia to the first office within their gift, I approach the responsibilities of the station with unaffected humility and diffidence. But for a firm reliance on that wisdom which comes from above, and an unshaken confidence in the virtue and intel- ligence of my constituents. I should shrink from the mag- nitude of the arduous and complicated duties of the office confided. The basis of my political creed is confidence in the unofficial, sovereign people. They are the only legiti- mate source of all governmental power, and I believe them to be not only capable of 5 the aid of the best advice which I may be able to afford. The haste with which these instructions have been written will not justify the idea that nothing of importance has been omitted. You will, therefore, without hesitancy, call upon me freely for my further views upon any and all subjects connected with your of- ficial duty. Very respectfully yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Jan'y 14th, 1835. Col. M. St. Clair Clarke, Washington, Dist. Columbia. Sir : — Under the provisions of a joint resolution of the General Assembly of this State, approved on the 20th of December last, the Governor is authorized to employ some fit and proper agent to prosecute the claims of the State of Georgia against the LTnited States, for services rendered and moneys paid by the State during the Revo- lutionary War. And, further, the Governor is authorized to stipulate with the agent who may be employed that he shall receive a sum not exceeding ten per cent, on the amount received from the United States, which may be as a full compensation for his services. Under all the circumstances connected with the investigation of this INDIANS FROM GEORGIA. 303 subject (and with which you are fully acquainted) I feel authorized to say to you that I am pleased to have it in my power to tender to you the agency contemplated by the Legislature, and deem it unnecessary to use the for- mality of inquiring whether you are willing to accept the appointment. I shall therefore herewith enclose to you the necessary order of appointment, which will suffice as your credentials for entering upon the investigation as soon as may suit your convenience. Any prelirninary arrangements which may be deemed necessary will, on my part, receive prompt attention. Upon the reception of this an answer will be expected. I am, sir, with great respect, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Jan'y 26, 1835. Hon. Lewis Cass, Washington, D. C. Sir : — I regret the necessity of having again to com- plain of the lawless depredations of a party of vagabond and strolling Creek Indians (who yet remain in the State of Alabama), on the property and persons of some of the citizens of this State, who reside in the Counties of Lee, Irwin, &c. On the 5th day of Feb'ry last I wrote you on this subject, and had the honor to receive your satisfac- tory answer, dated the 17th of the same month. Since that time there has been but little disturbance on the sub- ject, until very recently. I have learned recently, however, through communi- cations entitled to entire credit, that the scenes described in my letter above referred to are again disturbing the repose of the country. Indeed, I have reason to believe that several lives have been lost, both by whites and In- dians, growing out of the intrusions and depredations of these savage vagabonds and robbers. If anything can be devised by you to put a final stop to these evils, it will relieve the authorities of Georgia from the painful neces- sity of resorting to the severe measures of chastisement which the growing insolence of these outlaws calls for. With great respect, I have the honor to be Yr. obt. servant, WILSON LUMPKIN. 304 REMOVAL OF THE CHEROKEE Executive Department, Ga., Milledgeville, Jan'y 30, 1835. Gen'l John Coffee. Dear Sir : — I have this day written to our Senator in Congress, Mr. King, and the Secretary of War, on the subject of the present aspect of our Indian affairs. The immediate inducement for my doing so originated from having seen in the published proceedings of the Senate of the United States the report of a memorial presented by Mr. Frelinghuysen, of New Jersey, in the name of John Ross, on the subject of Cherokee claims, interest, &c. The assumptions contained in this memorial cannot be countenanced for a moment by the people and author- ities of Georgia. Without reiterating what I have said to the gentlemen named on this subject, you and our friend Schley will please excuse me for referring you to Mr. King, and request him to show you my letter. You can then see the Secretary of War and the President, if you find it convenient, and let my views be distinctly un- derstood by the Executive Department of the Federal Government, which I have every reason to believe will concur in my conclusions on this subject. I should like to hear from you and Judge Schley on this or any other subject of interest, and have the honor to remain, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Jan'y 30, 1835. Hon. John P. King, Washington, D. C. Dear Sir : — In the published proceedings of the Senate of the United States I perceive that, on the 21st inst., Mr. Frelinghuysen, in presenting the petition of John Ross, the principal manager of the Cherokees, and who is under the control of a most infamous faction of selfish white men, amongst other things stated to the Senate "that the controversy which existed between the Cherokees and the State of Georgia had reached a crisis, which required the interposition of the United States. They proposed that the part of the territory which they occupied should be purchased by the United States and ceded to the State INDIANS FROM GEORGIA. 305 of Georgia, and, as to the rest of the territory, they wished it to be confirmed to the Cherokees in fee simple ; that, under this state of things, the Cherokees would submit to the laws of the State of Georgia, provided they had conceded to them those equal civil and political rights which were conferred on other citizens of Georgia," &c. Now, sir, I feel it my oflicial duty not only to call the at- tention of the Senators and Representatives of the people of Georgia who represent them in the Congress of the United States at this time to this deeply interesting sub- ject, but, through you, most respectfully to suggest the expediency of the Congress of the United States being informed at once what is the true state of the question to which their attention has been invited by Ross and his friends and coimsel. I know that it would be super- fluous for me to enter upon the details of this subject, with a view of giving any new light or information to the Georgia delegation on this subject. Every Georgian of ordinary information is familiar with the whole history of this subject. Suffice it to say that Georgia, upwards of thirty years ago, ceded to the United States the garden spots of the Union, now known as the flourishing States of Alabama and Mississippi, for a most paltry considera- tion, the principal part of which was that the Government was bound to extinguish the Indian title to the residue of the lands of Georgia, as embraced in her present ad- mitted boundaries, as soon as it could be done on reason- able and peaceable terms. I regret the necessity of say- ing that the United States has been wanting in good faith to Georgia on this subject. Instead of a faithful and hon- est compliance with the terms of this compact, some one or other of the departments of the Federal Government have constantly aided, if not created, the insurmountable obstacles which have hindered and continue to hinder and incapacitate the Government from a faithful compli- ance of a contract deliberately entered into with one of the old thirteen States of this Union. Bad faith and the want of honesty on the part of the Federal Government have alone created the perplexities and deep injuries with which Georgia has been embar- rassed and calumniated on account of her Indian popu- lation. Moreover, to the same cause may be fairly traced the whole of the unparalleled assumptions of the Chero- kee Indians and their aiders and abettors in and out of this State. Finally, the assumptions of the Cherokees, urged on as they were by a desperate political faction. 3o6 REMOVAL OF IHE CHEROKEE forced the people and authorities of Georgia to take the management of her Indian affairs and territory under their own control. And, whatever may be said to the con- trary, more has been accomplished by the people and au- thorities of this State, during the last three years, towards a final and advantageous adjustment of all these long- standing conflicts between the red and white men than has been accomplished for thirty years before. In the policy which has been pursued by Georgia, not only has the interest of the State and its citizens been greatly ad- vanced and promoted, but the Indians themselves have been enlightened to a sense of their true interest. They are convinced that there is no resting place for the foot of an Indian, or prosperity in store for them, so long as they remain in the midst of a white population. Their only remaining hope of salvation is by turning their eyes to the West. And why do we see enlightened men en- gaged in the ruinous work of keeping these people back from entering the promised land? They will not let the people go until they fleece them of their last dollar. Ross and his advisers well know that their proposals to Congress are wholly inadmissible, as well as highly in- sulting to the people and authorities of Georgia. What right has the United States to cede to Georgia her own territory? What has she to do with the fee simple title to lands in Georgia? What arrogance on the part of Ross and his counsellors to propose conditions to the Congress of the United States upon which they will siibmit to the laws of Georgia ! Now, sir, I assure you that there is not a Cherokee Indian proper within the limits of Geor- gia who would be willing to become a citizen of the State upon any terms or conditions whatever. The object of the proposed arrangement is twofold, at least. First, Ross and his counsellors know that he (Ross) can control and dictate to the whole of his party or followers. If, there- fore, he could secure to them fee simple, instead of oc- cupant rights, he and his lawyers would immediately make their fortunes out of these resources. Secondly, They know such an arrangement would conflict with the existing laws of Georgia, as well as the rights of many of the citizens of the State. With the favorable opinion which I entertain of the moral rectitude and intelligence of Mr. Frelinghuysen, and many others who are evidently the dupes of Ross and his Georgia counsel, I would take the liberty of suggest- ing to you the expediency of taking some pains to explain INDIANS FROM GEORGIA. 307 this whole subject, as it is, to such individuals. So far as Ross is concerned, it is impossible for the Federal Gov- ernment to effect any just arrangement with him on this subject. His sole object is to provide for himself, his counsel and his friends. You are at liberty to make any use you may think proper of this communication. I shall, as heretofore, faithfully endeavor to protect the legal rights and promote the best interest of the Indian popu- lation who yet remain in Georgia by a due execution of the laws of the State. Submission to the laws of the State will be expected from every caste of our population, with- out asking the consent of John Ross, or his counsel, or even the Congress of the United States. I am, sir, with very great respect, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Jan'y 30, 1835. Hon. Lewis Cass, Secretary of War. Sir: — Being apprised that delegations from the Chero- kee Indians who still reside in Georgia are now at Wash- ington on business connected with their territorial and other claims, and having seen a statement of the contents of a memorial laid before the United States Senate, in the name of Jno. Ross and other Cherokees, I think proper to communicate to you, and through you, to the Presi- dent, that, anxious as the people of Georgia still are for a final adjustment and termination of all conflicting claims with this remnant tribe of Indians, neither the people nor authorities of Georgia can ever be induced to accede to the arrogant and assuming terms proposed by Ross and his advisers to the Congress of the United States. Geor- gia can never submit to the degradation of purchasing submission to her laws, within her own limits and con- stitutional jurisdiction, from any caste, or portion, of her population whatever. The occupant rights of the Indians will be duly re- spected ; but fee simple rights will not be granted to them under any conditions whatever. Ross is the dictator of his party amongst the Cherokees, and if fee simple rights were given to them, he and his counsel would derive the 3o8 REMOVAL OF THE CHEROKEE entire benefit. I most ardently desire an arrangement which shall benefit the whole of the Cherokees, and for- ever and at once put to rest the disquietudes growing out of our present Indian relations. But I would prefer things remaining as they are to an arrangement which would increase existing evils. I have the honor to be Yr. obt. servant, WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Jan'y 31st. 1835. Major General Daniel McDougald, Columbus, Ga. Sir : — For years past a portion of the hunting, vaga- bond, or strolling Creek Indians, who still remain in Ala- bama, have been in the habit of crossing the line, and coming over to our State, to spend the cold season of the year for hunting and other more villainous purposes of a more objectionable character, very much to the annoy- ance and injury of our sparsely settled population in the lower part of your Division, and other adjoining coun- ties. About a year ago the evil became so serious, and the complaints of the people so urgent, that I found it necessary to take efBcient steps, with a view to remove the evil. Amongst other measures, I urged upon the Secretary of War the duty of the Federal authorities to take care of their own Indians, by controlling and con- fining them to their own limits, and thereby remove the evils complained of by the citizens of Georgia. I further suggested to the Secretary the proper use of the United States troops stationed at Ft. Mitchell as the most ef- ficient means to effect the desired object. The Secretary of War approved of my views, and the evil complained of was promptly suppressed, so far, at least, that I have heard no further complaints on this subject from our citi- zens until very recently. Within the last ten days, how- ever, T have received various communications from a number of highly respectable citizens of the Counties of Stewart. Lee, Randolph, and others, of that section of the State, informing me of increased depredations and out- rages, accompanied by insolence and hostility on the part of these vagabond savage robbers, which calls for the most energetic measures which can be devised to chas- INDIANS FROM GEORGIA. 309 tize the offenders, and put an end, if possible, to these insufferable depredations. Several engagements have al- ready taken place between this savage band and our suf- fering population in these Counties, in which I deeply re- gret to learn that several valuable citizens of Georgia have been slain. My object in giving you these brief de- tails is to explain to you the necessity of the call I now make upon you for your official aid in suppressing these enormities. And, first, permit me to request that you will, with the least possible delay, obtain an interview with the officer now in command of the United States troops in your vicinity, and also with the acting agent of the Creek Indians, and lay before them the existing state of things as herein detailed to you. I presume, from communications heretofore received from the Secretary of War on this subject, these officers and agents of the Federal Government are still in the pos- session of sufficient orders and instructions from the War Department to act promptly and efficiently in this busi- ness. At any rate I hope they are and will be disposed to do their duty with all practicable despatch. The cir- cumstances call for the most prompt and energetic meas- ures, for the people of Stewart, Lee, Randolph, and other Counties, are sending expresses to me, which evince a state of great apprehension and alarm. I sincerely trust that the officers and agents of the Federal Government will do their duty in this business, and control these Indians as they ought. A few days ago I again wrote fully to the Secretary of War on this sub- ject. But, to prevent further alarm and mischief, I would advise that you immediately communicate the existing state of things to the subordinate officers under your command, in order that the regimental and battalion of- ficers in the exposed counties may be on the alert, and ready to afford what assistance they may be able to com- mand in case of any emergency which may occur. You will please to let me hear from you as soon after your interview with the Federal officers as practicable. I have the honor to be Yrs., &c., WILSON LUMPKIN. 3IO REMOVAL OF IHE CHEROKEE Executive Department, Ga., Milledgeville, Jan'y 31st, 1835. To A. Prince and Wm. H. Dismukes, Esqrs., and other citizens of Stewart and adjoining Counties. Gentlemen : — With great surprise and unfeigned re- gret, I have read the statements which you have forward- ed to me, by express, detaihng the unsufferable outrages and depredations which have been committed on the per- sons and property of our unoffending citizens by a stroll- ing and vagabond party of savage Creek Indians, who seem to have assumed the character of outlaws and rob- bers. As far as I can command the means, these evils shall be suppressed and the offenders shall be punished. I have communicated the existing state of things to the Secretary of War, urging the duty on that depart- ment of the Federal Government of promptly attending to these matters, and have suggested the propriety of using the United States troops now stationed at Fort Mitchell for that purpose. I have also apprised Maj. Gen'l Daniel McDougald of all these matters, together with my views, and have, moreover, requested him im- mediately to see the officer who commands the troops at Fort Mitchell as well as the acting agent of the Creek Indians, both of whom I am apprised have heretofore been instructed by the Secretary of War on this subject, and urge upon them the necessity of energetic and immediate measures being taken by them to remedy the evils of which you complain. I have, moreover, directed Gen'l McDougald to apprise the subordinate officers of his com- mand to be prepared to protect and defend the citizens of your division in the best manner that can be devised, in case of any emergency, while more stable and effectual operations are in preparation. In the meantime, permit me to say to you and, through you, to all officers, citizens and soldiers residing in the exposed section, that, in order to defend the persons and property against the increasing and alarming depredations of this lawless banditti, some well devised concert of action should be immediately or- ganized. If it is deemed necessary, let the Colonel or Colonels of the regiment or regiments, in the exposed section immediately call into requisition such portion of the militia as may serve to keep in check and chastise, if necessary, these abandoned and insolent savages. I pre- sume a sufficient number of volunteers may be procured INDIANS FROM GEORGIA. 311 for this temporary service, and should therefore be pre- ferred to drafts. Any reasonable expense which may oc- cur will justly devolve upon the Government, and with- out doubt will be provided for by the Legislature. While preparations are in progress to suppress and exterminate these robbers, let it be remembered that self-preservation, the first law of nature, admonishes every good citizen to take a prompt and efficient part in protecting the lives and property of that community of which he forms a com- ponent part. You may be assured of the aid, counten- ance and support of the Executive. Very respectfully, WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Feb'ry 9th, 1835. Gen'l John Coffee. Dear Sir : — From the information which I daily receive from the Cherokee part of Georgia, I entertain but little doubt of the success of the late legislation of Georgia in conformity with my views (in putting grantees in the pos- session of their land, regardless of Hooper, his injunc- tions, and feed lawyers), having the most salutary and happy effect. Indeed, I have a growing confidence that the laws can and will be so administered as to ensure a happy termination of our Indian affairs. My impressions will be strengthened by the repeated arrival of Cherokee delegations at Washington, and, whatever may be the form or pretentions set forth in their memorials which have been presented to Congress, yet all go to confirm the fact that the Cherokees, as well as the people of Geor- gia, are tired of the long controversy. If a general ar- rangement can be made with the Cherokees, Washington is the place to effect and conclude it. The necessary In- dian material is, and will be, there ; for you may look for Martin shortly, who will join Ridge and his party. At any rate, I protest against any attempt being made to treat with the Cherokees in their own country, by com- missioners who are unfriendly to the Federal and State administrations. Such a step would be most injurious to the friends of the country and Government. We should never condescend to use such instruments as Underwood & Co., while we have plenty of honest and capable men. 312 REMOVAL OF THE CHEROKEE You will make a prudent use of this letter, and believe me to be, Verv sincerely. &c., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Jan'y 31st, 1835. Hon. Lewis Cass, Secretary of War. Sir: — Since writing to you on the 26th inst., on the subject of the lawless and unsufiferable depredations which had been committed by a strolling party of the Creek Indians on the citizens of Georgia, &c., I have con- tinued to receive additional evidence of the magnitude of the evils complained of, and also the hostile spirit of these savages. To place you fully in possession of the information which I have received, I herewith enclose you copies of several communications which have been receiv- ed at this department, by express. I trust the evidence now laid before you will be deemed sufBcient to authorize prompt and efficient measures on the part of the Federal authorities to relieve the citizens of Georgia from the numerous depredations of this miserable band of fero- cious robbers. I am, sir, with great respect, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Feb'ry 9th, 1835. Majr. Benj. F. Curry, Spring Place, Ga. Sir : — I thank you for the information you have af- forded me, by the hand of Mr. McCoy. I have sent for Col. Carter, and shall endeavor to effect the arrangement which you propose in relation to Martin's place ; that is, I shall entreat Col. Carter to accommodate Martin, with a view to promote the public interest. I concur with you in the opinion that Martin's presence and influence at Washington can effect much in bringing to a final close our Indian perplexities. Indeed, your general views in relation to our Indian affairs, and the conspicuous men INDIANS FROM GEORGIA. 313 connected therewith, generally coincide with my own. I was pleased with your letter to the President, and I have just written him on the subject of our Indian affairs, in which I protest against the appointment of the enemies of the administration as Commissioners to adjust and set- tle our Indian affairs. Indeed, I believe if an arrange- ment can be made at all, it can be done to greater advan- tage at Washington than anywhere else, for many ob- vious reasons which will no doubt occur to you. I am, very respectfully, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Feb'ry 9th, 1835. Col. Wm. N. Bishop, Spring Place, Ga. Dear Sir : — Yours of the 2d inst. was received this morning, by the hand of Mr. McCoy. You can readily believe that I was highly gratified to learn that so much success has thus far attended your agency and exertions to bring to a satisfactory close our Indian perplexities. I entirely approve of the prompt, energetic, yet mild, course which you have pursued. Indeed, its good effects must now be obvious to the whole country, as the Cher- okees are so rapidly changing their tone, and are becom- ing more and more reconciled to the views and measures of the Government. I thank you for the various items of information contained in your letter in relation to our Indian affairs, some of v/hich were new to me, and will be used with a view to promote the best interest of our State and country. I have sent for Col. Carter, and hope to see him in the course of the day, and shall entreat him to enter into the arrangement proposed, in relation to Martin's place, for I entirely concur with you in believing that his presence at Washington will greatly strengthen the probability of effecting a final arrangement with the Cherokees. I consider Washington the proper place for making the arrangement, for many strong and obvious reasons which might be named, and many of which will no doubt occur to you. Should it be necessary, however, to attempt making a treaty in the Cherokee country, I have and shall continue to protest against the appoint- 314 REMOVAL OF IHE CHEROKEE ment of Commissioners who are, or have been, opposed to the measures of the Federal or State Governments, in relation to Indian or other matters. I have no confi- dence in agents of such character ; and as to Ross's law- yers being employed in such agencies, I consider the idea most preposterous, and therefore wholly inadmissible. The interest of the State in relation to our Indian affairs has been fully dwelt upon in my communications to Wash- ington. Our Congressmen, as well as the Executive Government of the United States, are, and shall be, kept constantly apprised of my views, and the movements of the Cherokees in Georgia. The present state of affairs is well understood at Washington before now. I hope you will continue to let me hear from you frequently. I am, sir, with great respect, Yr. obt servant, WILSON LUMPKIN. Executive Department, Ga., Mill edge ville, Feb'rv loth, 1835. Col. Wm. N. Bishop. Dear Sir : — I am glad to have it in my power to in- form you that our friend Col. Carter, without hesitancy, wrote to Judge Martin, by Mr. McCoy, informing him that he might continue to occupy his place the present year, by paying a reasonable rent, and provided he used his influence to bring our Indian affairs to a final issue, by the removal of the Cherokees. The Colonel also in- formed me that he should accede to your proposition, in regard to the place occupied by your brother, and should communicate to you accordingly. Thus, you find we have done all we could here to pro- mote your views, as we consider them connected with the public interest. Very respectfully, WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Feb'ry 12th, 1835. Col. M. St. Clair Clarke, Washington, D. C. Sir: — Your letter of the 25th ult., formally accepting the agency tendered to you by me under the authority of INDIANS FROM GEORGIA. 315 the Legislature of Ga., for prosecuting the claims of the State on the United States, was duly received, and would have been answered sooner but for the consumption of time which we found necessary to comply with your re- quest, in making a full and satisfactory examination of the records of the Executive Department of Georgia, and preparing the documents which you requested. After full examination, and mucli reflection, on the subject of the claim of the State which you have undertaken to prose- cute, as an honest man I find it my duty frankly to state to you that the further I have investigated the subject the more I am inclined to the conclusion that the justice of the claim is more than doubtful. This impression, however, arises alone from the docu- ments and papers which I herewith enclose to you, and which are taken from the files and records of this depart- ment. We have not been able to find the certificate of John Pierce, dated i8th May, 1785, for $123,283.70, or such entries, papers, instructions, or correspondence upon the subject of this certificate as it appears to me our arch- ives ought to afiford. We send you, however, such papers and correspondence as we consider best calculated to throw clear light on this old, and now much obscured, subject, regardless of selfish considerations, wishing only that justice may appertain between the State and Federal Government. But for the letters of Mr. Baldwin, copies of which I send you, I should most fully concur with you in believing this claim a just and valid one. I cannot, under all the circumstances, however, comprehend how Mr. Baldwin, in 1806, could arrive At the conclusions which he did in his letter to Governor Milledge of that date, if a fair and full settlement had not been made with the State for her advances made for Revolutionary serv- ices, &c. As soon as you can afford the time, please favor me with your views in regard to Mr. Baldwin's letter to the Executive of Georgia, and any further impressions which you may entertain in regard to this subject. I re- gret the delay in forwarding these papers, but it has been unavoidable. With great respect, Yr. most obt. servt., WILSON LUMPKIN. 3l6 REMOVAL OF THE CHEROKEE Executive Department, Ga., Milleds^eville, Feb'ry 14th, 1835. Hon. Lewis Cass, Secretary of War. Sir : — I have had the honor to receive your letter of the 7th inst., in which you request that I will designate some State officer to whose charge the balance of the ap- propriation of $250,000 shall be intrusted, and that meas- ures shall be taken to remit the same on the reception of my order. I therefore designate Henry W. Malone, Cashier of the Central Bank of Georgia, at this place, as the proper officer to receive said amount of money, to be placed to the cerdit of the Governor of the State of Geor- gia, and his successors in office, for the purposes intended by the acts of Congress in relation to the same ; and you will please to consider this my order in compliance with your suggestion. I have to request that such views and instructions as the President may deem necessary may accompany the papers connected with this subject, when forwarded to this department. I am, sir, very respectfully, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Feb'ry i8th, 1835. Hon. John Forsyth, Washington, D. C. Dear Sir: — I have received yours of the loth inst., and herewith enclose you a newspaper which contains the late act of the Legislature to which your letters refer, from which you will perceive that, so far as the execution of the law depends on the Excutive, but little executive dis- cretion is confided to me over the subject pointed out in your letter. Permit me, however, to assure the President, through you, that I have taken great pains to prevent any just complaint growing out of the execution of the law. More- over, broad as the law may appear to those who are un- informed in regard to the extent of its operations, I as- sure you that it will interfere with the interest of but very few of the Cherokees. Its chief object and bearing is on INDIANS FROM GEORGIA. 317 Ross and a few of his co-workers and white allies, who were reservers under former treaties. Every indulgence and lenity has been, and will be, ex- tended by our citizens to Martin and others on whom the law might be brought to bear, and who are believed to be honestly disposed to bring to a close our Indian con- troversies, and prevent further litigation. Every proper indulgence will be extended to those who duly respect the authority of the State. With great respect, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Feb'ry 17. 1835. P. C. Gieu, Esq. vSir : — Your remarks, contained in your papers of the I2th and 13th inst., upon the notice which issued from this department in relation to the postponement of the distri- bution of the Academy and Poor School Funds, calls for some explanation, both on account of your repeated no- tices of the subject and the evident misapprehensions un- der which you are laboring in regard to the subject. Noth- ing unkind is intended, when I assure you that your zeal in this matter has carried yon beyond yo2ir information. The Executive order which has been the subject of your several comments was intended merely as a notice that the funds specifically set apart by law for the support of academies and poor schools (being chiefly derived from the profits on bank stocks, as set forth in your paper of the 13th), had not, at this time, amounted to a sufficient sum to justify the usual annual dividend applied to these schools. The amount of this distribution depends in a very small degree on the will of the Executive, or his judgment and discretion. The Executive is simply the organ of the Government, to declare the dividend, and pay the distributive share to each county ; nor has he the power to make it one dol- lar more or less. Moreover, the law for the distribution of the Poor School Fund seems not to have been left to Executive discretion the time when these dividends should be declared, inasmuch as it provides that the divi- dend is to be declared when it amounts to the sum of $20,000. In regard to academies, the law is silent in re- gard to the amount which shall be necessary for a distri- 3i8 REMOVAL OF THE CHEROKEE butioii. But it has been the uniform practice of all my predecessors, as well as myself, never to declare a dis- tribution of these funds except when the amount was $20,000, or nearly approached to that sum. Under the act of the Legislature, passed in 1822, the first distribution took place in March, 1823, since which time an apportionment has been made every year, ex- cept the years 1827 and 1829. Finding from experience that the investments made by law for the support of these schools and academies were somewhat precarious, de- pending, as it does, entirely upon the profits of those in- vestments, and being fully impressed with a sense of the evils which you seem so deeply to deplore, you will find at the annual session of the Legislature in 1833, I made it the subject of a <^pecial communication to the General Assembly, and urged the necessity of a legislative rem- edy — which, howev r, passed unheeded. For three years past an annual divi'end has been made amongst the sev- eral counties of th's State, of the Academy and Poor School Funds. The amount distributed from each fund has been about $20,000 a year. At the beginning of the last year I found the amount which had accrued upon the school funds was insufficient to make the usual annual distribution. It was therefore postponed until May last (1834). when we were able to distribute the usual amount, having received the first half year's profit on the vested school funds ; consequently these funds could not reason- ably have been expected by this time to have yielded the amount of the usual annual distribution. And the object of the Executive notice which has given you so much trouble was intended to notify the public of the facts. It may be proper to remark that the tax on peddlers and other contingent incomes which by law was added to the Poor School Fund, has, from recent legislation, become wholly unavailable in keeping up the former amount of this fund. Believing you unwilling intentionally to mystify a plain subject to the injury of any man, public or private, I have been induced to make you this communication, affording you the means of re-examining and comparing your pub- lic articles with this plain statement of facts. Very respectfully, I am, sir, Yr. obt. servt., WILSON LUMPKIN. INDIANS FROM GEORGIA. 319 Executive Department, Ga., Milledgeville, Feb'ry 19th, 1835. Major Gen'l Daniel McDougald, Columbus, Ga. Sir: — I have just received a communication from the Secretary of War, in reply to my communications to that department, on the subject of the depredations of the Creek Indians on our citizens, as heretofore communi- cated to you by me. The President of the United States concurs with me in believing that he has no power over the Indians living within the States which have extended their jurisdiction over them ; but he is nevertheless dis- posed to afford every aid and protection to the citizens of the States which may be in his power. Therefore, or- ders have been given by the Secretary of War to the com- manding officer of the two companies of the United States troops in the Cherokee Nation to proceed to Columbus, m Georgia, there to receive and carry into efifect any in- structions which I might give for the support of the civil authority, and for the purpose of enabling the proper of- ficers of the State to prevent these depredations, and to secure the offenders. The commanding officer of these companies has been directed by the Secretary of War to report himself to me. immediately on his arrival at Co- lumbus. But, in order to save time and expense, I have thought proper at once to give you such instructions as I deem best calculated to meet and dispose of the present state of things. As before stated, I fully concur with the Pres- ident that he has no power over the Indians in the States which have extended their laws and jurisdiction over them, and therefore fully appreciate his good intentions in plac- ing these troops at my disposal. But T was wholly un- prepared to anticipate the course which has been taken ; nor have I made any communication to the War Depart- ment, requesting this kind of aid to the State. My com- munications to the War Department have set forth the complaints of our citizens against the Creek Indians, as they exist; and I have urged upon the Federal authorities the duty of taking care of and controlling their own In- dians, to wit : the Creeks who reside on the territory of the United States ; but it seems that whatever is done in this matter is to be done by State authority, and you are apprised that my official authority does not extend beyond 320 REMOVAL OF THE CHEROKEE the limits of our own State line. Moreover, we need no assistance from the United States to punish these vaga- bond Creeks within our own borders. If we cannot ap- prehend them and bring them to punishment before the civil authorities of the State, we must treat them as out- laws and robbers, and make short work of the matter. I had supposed that the United vStates might use their own troops to keep these Indians within their own limits, and in that way relieve our citizens from further annoyance and injury, and that these troops might be useful in ap- prehending such Creeks as may have been guilty of crimes in Georgia, and thus aid in bringing the guilty to legal punishment — provided our citizens may be able to iden- tify such. But I have no use for these soldiers in Geor- gia, nor have I any right to direct their operations in the State of Alabama on the soil of the United States. I have for some days been anxiously expecting to hear further from our citizens of the exposed counties, when I have expected to learn that these Indian depredators had fled from Georgia, and passed over into the State of Alabama — indeed, I have verbal information from travelers to that eflfect. Fullv appreciating the good intentions of the Fed- eral authorities in this matter, I feel bound and disposed to treat the public authorities, as well as the officers and men intended to be placed under my authority, with every mark of respect and politeness ; but I cannot, under the circumstances which I have explained to you, accept of the honor proposed, and therefore have to request the favor of you to communicate these my views to the com- manding officer of these troops, as soon after his arrival at Columbus as may suit your convenience. You will also please to inform that officer that I shall immediatelv inform the Secretary of War of my determination in re- gard to this matter, and request that his immediate orders may be given to the commanding officer at Columbus. T have the honor to be, very respectfully, Yr. obt. servt., WILSON LUMPKIN. Executive Department. Ga., Milledgeville, Feb'ry 19th. 1835. Hon. Lewis Cass, Secretary of War. Sir : — I have had the honor to receive your letter of the nth inst. INDIANS FROM GEORGIA. 321 I most fully concur with the President in the opinion so often expressed by him that he has no power over the Indians being within the States which have extended their jurisdiction over them, and fully appreciate his desire to protect the citizens of Georgia from the anoyance and depredations of the Creek Indians, which has so often been a subject of complaint. Moreover, I duly appreciate the good intentions which have induced you to order the commanding officers of the two companies of the United States troops in the Cherokee Nation to proceed to Co- lumbus, in Georgia, there to receive and carry into effect any instructions I may give for the support of the civil authority, &c. Nevertheless, under the actual existing state of things at this time, I have no use for the troops thus kindly placed at my disposal. Had these troops been at Columbus, at the time the depredations complained of were committed on the citizens of Georgia, they might have been used efficiently and to great advantage in ap- prehending these Indians ; but at this time I have reason to believe that most, if not all, of these Indians have re- crossed the Georgia line, and are now in the State of Ala- bama, and what is more to be deplored is that we have not the means of identifying the guilty in but very few instances. The object of my communications heretofore made to you on this subject has been to urge upon the Federal authorities to take care of the Indians supposed to be in some degree under Federal control and influ- ence, and, if practicable, to restrict them to their own bounds, and the soil of the United States Government. If this cannot be done by Federal authority, it is obvious that the action of the authorities of Georgia must be con- fined to the limits of the State, and that I have no use for troops in Georgia at present. I have already adopted temporary measures, to be resorted to for the protection of our exposed citizens ; and, if these strolling Creeks continue to annoy the citizens of Georgia, I perceive that we must take care of ourselves, and they must abide the consequences for their crimes. Permit me, sir, however, to repeat the assurance of my confidence in the disposi- tion of the President and yourself to aflford every relief in your power to the exposed citizens of Georgia, and to suggest the expediency of the companies which you have ordered to Columbus remaining in the neighborhood, for a short time at least, subject to my instructions, in the event of any occurrence which may demand their serv- ices. Should these Indians again disturb the repose of 322 REMOVAL OF IHE CHEROKEE the citizens of Georgia, in the course of the approaching- spring-, these troops, being in the vicinity, might be used efficiently, and without loss of time, in apprehending the guilty. Moreover, if we can identify those who have al- ready cornmitted crimes, the troops might be useful in apprehending and bringing to justice these fugitives, now supposed to be in the State of Alabama. Through Maj. Gen'l Daniel McDougald, who resides at Columbus, in Georgia, the officer commanding the United States troops will be requested to await your fur- ther orders in that neighborhood. At the same time, re- ceive the necessary explanations, and be assured of the respectful consideration of the authorities of Georgia. I have the honor to be, with great respect, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Feb'ry 23d, 1835. Col. H. R. Ward. Sir: — Being apprised that you are about to leave this place for the southwestern border of Georgia, and your being aware of the various and contradictory reports which have reached this department, in regard to the in- trusions and depredations of the Creek Indians on our sparsely settled population in the Counties of Lee, Stew- art, &c., I very gladly avail myself of the opportunity of procuring your services to the State, in taking upon your- self the duty and trouble of procuring and communicat- ing to this department all such information as may enable me to take a just view of the subject and form a correct opinion in regard to the measures which may be proper for me to adopt, in order to relieve our citizens of this exposed section of the State from further annoyance from these strolling savages, of whose depredations they have so often complained. First. I would desire to be informed whether the In- dians complained of consist of those who have been in the habit of coming over into Georgia for the purpose of drinking or trading with our white population ; or whether they are of that class of Indians who have but little inter- course with the whites, and who depend on hunting, and other savage pursuits, to procure subsistance? INDIANS FROM GEORGIA. 323 Second. I would desire to know whether the In- dians complained of are chiefly such as remain for a con- siderable length of time in Georgia, under the pretence of hunting, &c., or whether they are composed of those who come over to trade, &c., with our population? Third. What has been the largest number of these Creeks known to have taken up camp in Georgia, with a view of remaining a considerable time, at any one place ; and how far they have advanced into the State for that purpose? Fourth. What amount of property have these Indians taken, destroyed, or carried away from our citizens ; and from whom? Fifth. What personal injuries have they committed on our citizens, such as murders, wounding, &c. ? Sixth. Have the Indians at this time all left the State ; or are there any at present believed to be encamped on our territory? If yea, where? Seventh. Do our citizens encourage the Indians to come over and trade, or not? And would they desire a strict enforcement of the statute of the State, passed some years ago. to prevent their intercourse with the citizens of our State? Eighth. After obtaining: all the information you can on the subject, will you please to communicate to me your opinion in regard to the necessity of military force to restrain these Indians from further depredations. If you should deem military force necessary, please to de- fine the manner and places when this force can be em- ployed to most advantage. If you should come to the conclusion that the evils complained of can be suppressed by a rigid enforcement of our existing laws, and a faith- ful co-operation on the part of the Creek Agent of the United States, now residing in the Creek country, aided, as he probably will be, by the Creek chiefs, I should like for you to communicate that opinion to me. If the In- dians who have committed crime can be identified, so as to authorize a demand of the guilty beingf made, I am de- sirous that it should be done without delay. You perceive, sir, my object is correct and general information on the subject, and I shall anxiously await your report. .1 am, sir, with great respect, Yr. obt. servt., WILSON LUMPKIN. 324 REMOVAL OF THE CHEROKEE Executive Department, Ga., Milledgeville, Feb'ry 27th, 1835. Hon. Lewis Cass, Secretary of War. Sir : — I herewith enclose you a copy of a letter received this morning from Maj'r Gen'l Daniel McDougald, of Columbus, Ga., which coincides with my views on the subject of the Creek Indians, upon which it is written. I regret the necessity of so often troubling you on the subject of our Indian embarrassments, but I consider it my duty to keep you constantly advised upon a subject of so much importance to the country, and upon which our constituents feel so deep an interest. I have the honor to be, with great respect, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, 27 Feb'ry, 1835. Major General Dan'l McDougald, Columbus, Ga. Sir : — T have had the honor to receive your favor of the 2ist, and fully coincide with the views which you have submitted in relation to the Creek Indians, and shall, without delay, forward a copy of your letter to Washing- ton, to be laid before the President of the United States, which will no doubt be useful at this moment, and greatly strengthen the communications heretofore made by me on this subject. We shall never be wholly exempt from the annoyance of the Indian population, so long as a rem- nant remains in the States. You have doubtless discovered, from my communica- tions to you on the subject of the depredations of the Creeks, that I have been at a loss to determine on a defin- ite course of measures to meet the present state of things. This, sir, has arisen from the fact that the information received at this department has been so vague and con- INDIANS FROM GEORGIA. 325 tradictory that I have really been at a loss to form a de- cided opinion in regard to the prospects before us rela- tive to these Creek Indians. Moreover, I am, and have been, embarrassed by rea- son of the anomalous situation in which these Indians are, and have been placed. It is difficult to determine to what government they are accountable. The President denies the jurisdiction of the Federal Government over them. The State govern- ments are restricted to their own limits, and the Indians seem to consider themselves vagabonds and outcasts, without law, and without rule, or guide. From your contiguity to the scenes of complaint, you are, no doubt, able to form a more correct opinion as to the most expedient measures than any one at a distance. I shall, therefore, consider it a public favor if you will keep me fully any freely advised of your views, in regard to the best measures which can be devised by me to meet such exigencies as may occur. In order to obtain correct information from the ex- posed counties, I have sent my Aide-de-Camp, Col. Ward, to that section, with instructions, in detail, to procure and forward correct information to this department. In the meantime. I should like for the United States troops (if they arrive) to continue in the vicinity of Columbus until I hear from Col. Ward. While I am disposed carefully to protect the persons and property of our exposed citizens, I do not like the idea of any unnecessary parade over small matters. I have thought that a faithful execution of the existing laws of the State, to prevent the intrusion of the Creek In- dians, might probably put a stop to further depredations, until they can be removed to the West. I am fully as- sured of the President's earnest anxiety to remove the whole of the remnant tribes from the States with all prac- ticable dispatch : but, like myself, he encounters opposi- tion at ever}^ step, and every attempt to promote the pub- lic interest is embarrassed with opposition. I have the honor to be Yr. obt. servt.. WILSON LUMPKIN. 326 REMOVAL OF IHE CHEROKEE Executive Department, Ga., Milledgeville, March 6, 1835. Henry W. Malone, Esq. Dear Sir : — Your letter informing me that the present state of your health renders it altogether impracticable for you to continue to discharge the duties of the oiifice of Cashier of the Central Bank has been received. Considerations connected with the public interest in- duced me to feel a deep interest in your continuance in ofifice to the close of my administration, at least ; but the dispensation which creates this vacancy in the public serv- ice demands from us a spirit of calm submission. With- out a spirit of irreverence to Divine dispensations, I may. however, be permitted to say your loss from the public service will be deeply felt by all that portion of your fel- low citizens who are connected with you in the public service, as well as by a large portion of the community who have so long witnessed your unwavering fidelity and integrity of character, in the discharge of every duty, pri- vate and public. The highest earthly reward of a well-spent life is the approbation of the generation for whose benefit our lives have been spent ; this may well be your present consola- tion. And I trust, my dear sir. a more desirable reward and inheritance awaits you. I am, very sincerely, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, March 14th, 1835. Hon. Lewis Cass. Sir : — I have had the honor to receive your letter of the 2d inst. The papers in relation to the claims of the citizens of Georgia, confided to the care of Col. Foster, have not yet been received, but, when received, shall be duly acknowledged. The copy of the letter of the 2d Auditor, which accom- panied yours, showing the amount which has been hereto- fore remitted to my predecessors, for the purpose of be- INDIANS FROM GEORGIA. 327 ing applied to these claims, as well as the balance which has been remitted by the Secretary of the Treasury to Henry W. Malone, Esq., Cashier of the Central Bank of Georgia, at this place, corresponds with the records of this department, and is therefore satisfactory; and Mr. Malone has received the necessary check for the amount now due. The President having confided the adjustment and set- tlement of these claims to my discretion and judgment, you will please assure him that a sufficient portion of my personal attention shall be devoted to the subject to en- sure the ends of justice, as contemplated by the act of Congress which must be my guide. It will be indispen- sable, however, for me to procure the assistance of a com- petent and well qualified individual of character to assist in the investigation and adjustment of these claims, as no such individual is officially attached to this depart- ment who can spare the time from other official duties. I have the honor to be Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, March 14th, 1835. Hon. L. Cass, Secretary of War. Sir : — I have had the honor to receive your letter of the 28th ult., informing me you had given orders for the two companies of the United States troops ordered to Columbus, Ga. to be stationed for the present at Fort Mitchell. I approve of this arrangement, as I entertain no doubt of its having a favorable efifect on the conduct of the Creek Indians, if we should find no active service for them. Very respectfully, yr. obt. servt., WILSON LUMPKIN. 328 REMOVAL OF THE) CHEROKEE Executive Department, Ga., Milledgeville, i6th March, 1835. Rev. E. Sinclair. Sir: — Having been apprised of your willingness to accept the appointment of Commissioner to receive and apply the fund appropriated by the General Assembly for the education of the deaf mutes in this State, I take pleas- ure in presenting you herewith the order of your appoint- ment, together with a copy of the resolutions of the Leg- islature under which it is made. I also present you with on Public Education and Free Schools, in relation to the subject, which was adopted by the late Legislature, and which contains much valuable information that may aid ■<'OU in the performance of the duties connected with your agency. You will, as the occasion may require, draw from the Treasury, by warrant from this department, such sums as may be found necessary to efifect the object con- fided to your superintendence. I am, sir, Yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, March i6th, 1835. Hon. Lewis Cass, Secretary of War. Sir : — I have this day received the trunk of papers, confided to the care of Col. Foster, on the subject of the claims of the citizens of Georgia, under the Creek Treaty of 1821. As soon as the papers referred to shall be com- pared with the schedule furnished by Peter Hagner, Esq.. Third Auditor, a formal acknowledgment shall be made to that officer. Very respectfully, yr. obt. servt., WILSON LUMPKIN. INDIANS FROM GEORGIA. 329 Executive Department, Ga., Milledgeville, March 17, 1835 John A. Cuthbert, Esq. Sir : — The President of the United States having thought proper to commit to my judgment and discretion the final adjustment of the claims of the citizens of Georgia, provided for by act of Congress of the 30th of June, 1834, to carry into effect the Fourth Article of the Treaty of the 8th of January, 1821, with the Creek Indians: In order, therefore, to carry efifect the provisions of the act and Treaty referred to, which is so deeply interesting to many of the citizens of Georgia, after due consideration, I have deemed it indis- pensably necessary to confide the most laborious and impor- tant part of this business to some individual who may be highly qualified for this complicated and difficult, yet inter- esting, duty — of investigating these claims upon principles of justice and impartiality, duly regarding the provisions ol the law under which the claims are to be adjusted; and have, therefore, this day appointed you Commissioner for that purpose, and you will herewith receive the order of your appointment. You will also receive from my secretary, ]\Ir. Greene, a trunk of papers, transmitted to this Department from the Executive Department of the Federal Government at Washington ; also all such records and documents as the archives of this Department will afford, and which may be calculated, in connection with the papers received from Washington, to put you in possession of every important fact connected with these claims. You are apprised of the public notice which I have caused to be given to claimants of the arrangements now in progress for the final adjustment of their claims, with a request that all further claims which have not heretofore been presented should be laid before this Department without delay. When we take into view all the circumstances under which these claims have origi- nated, and the procrastination and obstructions which have heretofore been placed in the way of every attempt at a final adjustment, we ought not to be surprised at any derangement or confusion which may obscure many of these claims, in the form of their presentation. Therefore, while some settled rule of presentation and testimony may be necessary to secure the ends of justice and impartiality, I nevertheless deem it necessary and expedient to exercise a patient attention to every description of claims contemplated under the late act of Congress, and to receive and examine 330 REMOVAL OF THE CHEROKEE the best testimony which the nature of the case will admit of, when properly taken by affidavits before a competent civil officer. I shall expect you to keep a fair and satisfactory record of your proceedings and decisions, and report the same to me for my approval, before the claims are paid. Every thing which can be done to expedite this business is very desirable indeed — especially when we take into consider- ation the long delay w^hich has hitherto attended their prose- cution, the frequent disappointments which the claimants have encountered, and, finally, that none can receive their dues until the whole are adjusted. I consider it my duty not only to afiford you all the facilities of the records and files of this Department, but at all times it will afford me pleasure to confer with you freely and fully upon all matters connected with the prosecution of your agency. Therefore, anything of importance which may have been omitted in this hasty communication can at any time be supplied in personal inter- views, or by writing, as you may think best. A suitable and adequate compensation for your services may, without doubt, be expected, the payment of which will necessarily and properly devolve on the Federal Govern- ment. But I am not authorized to say what the precise amount of that compensation will be, relying, however, that it will be proportionate to the importance and advancement of your labors. I am, sir, with great respect, Yr. Obt. Servt., WILSON LUMPKIN. Executive Department Headquarters, Milledgeville, Ga., March 21st., 1835. Lieut. E. Phillips, Fourth Infantry, Fort Mitchell, Alabama. Sir: — I have received yours of the i8th inst., reporting to me your arrival at Columbus, in command of two com- panies of the United States troops, in obedience to the orders of the Adjutant General of the United States, and that you now await my instructions, etc. Such orders and instruc- tions as may be deemed expedient you will receive through Maj. Gen. D. McDougald, of Columbus, whom I have selected to carry into effect my views, etc. Very respectfully, sir, yr. obt. servt., WILSON LUMPKIN. INDIANS FROM GEORGIA. 331 Executive Department, Ga., Milledgeville, March 21st., 1835. Maj. Gen. Daniel McDougald, Columbus, Ga. Sir : — I have had the honor to receive your favor of the 17th inst. The same mail reported to me the arrival at Columbus of Lieut. E. Phillips, in command of two com- panies of United States troops who are now awaiting my instructions or commands at Fort Mitchell. After due reflec- tion, I have deemed it most expedient to notify Lieut. Phillips that he would receive through you such orders and instructions as may be deemed proper ; and herewith enclose for your inspection my communication to him, which you will please to transmit to him. You will, therefore, perceive that I have confided to your judgment and discretion all the authority which I have a right to exercise in the command and use of these troops, to prevent further depredations being committed upon our citizens by the Creek Indians complained of. The place of your residence and contiguity to the scene of complaint I trust will be a sufficient justification for my desiring to place this duty upon you. My general views coincide with those submitted in your letter. Very respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, March 23d, 1835. To Messrs. Tomlinson Fort, Richard K. Hines and Robert McComb, President and Directors of the Central Bank of Georgia. Gentlemen : — Justice to myself, and to prevent misap- prehension on the part of others, induce me to lay before you, in writing, my views in connection with the subject of filling the vacancy of Cashier of the Central Bank, occasioned by the resignation of Mr. Malone. By law, the duty of filling said vacancy devolves on you, and I, therefore, disclaim all right of dictating to you in making the appointment. It may not, however, be improper for me to remark that the official relation in which you stand to myself in connection with this subject makes me responsible to my constituents for your official act, and I, therefore, take the liberty of suggesting to you my views. 332 REMOVAL OF THE CHEROKEE without reserve. As 1 have stated to you in conversation, I now repeat : That I have no name to offer, or individual to recommend. Our first and only consideration should be to secure the public interest, and thereby secure the public confidence and approbation. Since this vacancy occurred, much has already transpired to impress my mind with the great difficulty which you have to encounter in a faithful discharge of the duty which now devolves on you. If the choice is to be made from amongst the applicants who reside in this town, permit me to say my personal feelings are kind towards them all, and that, from all the circumstances and investigations which have come under my own notice since their names have been before you, I have no advice to offer. I leave you to choose upon your responsibility and shall acquiesce in your choice. But I will not conceal from you the conviction which rests upon my mind that, if you can make as good a selection of an individual who resides at a distance, wholly discon- nected with the ofificeholders and ofificeseekers who are always found at the seat of Government, it would, in my judgment, be most advantageous and satisfactory to the public. I am, gentlemen, very respectfully, &c., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, March 24th, 1835. Col. H. R. Ward, Starkville, Lee County. Sir: — Your communication of the 14th inst., as well as your two previous letters, all on the subject of our Creek affairs, have been duly received at this Department, and add much to our stock of information on the subject. Having but little time to write at present, suffice it to say that two companies of United States troops have arrived at Columbus, and are at this time at Fort Mitchell, ready to obey any instructions or orders I may think proper to give. I have opened a correspondence with Gen. McDougald on the subject of using these troops, and instructed the officer in command to obey any orders he may receive from Gen. McDougald. Previous to the reception of your report, I was at a loss for such information as would authorize me to determine on any definite plan, and have, therefore, for INDIANS FROM GEORGIA. 333 the present, left the matter to the judgment and discretion of Gen. McDougald. When you arrive here, we will consult further on this subject, and, in the meantime, I shall reflect on its various bearings in relation to this matter ; for to the present moment the editors of the Georgia Journal, and those who support that print, cast ridicule upon the complaints of our citizens in regard to Indian depredations. Respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Milledgeville, April 2d., 1835. Maj. Gen. D. McDougald, Columbus, Ga. Sir : — I have received a communication from the Secretary of War, informing me that the commanding officer of the United States troops now at Fort Mitchell has been directed to march into the Cherokee country, whenever I may inform him that the services of said troops are no longer necessary where they now are. It is deemed important that these troops should be stationed at present amongst the Cherokees, and, believing as I do that we can without much inconvenience dispense with their services at present, I have to request that you will immediately notify the commanding officer that he may forthwith consider himself relieved from any instructions heretofore emanating from this Department, and proceed to execute the instructions of the War Department. I am, very respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, April 3, 1835. Hon Lewis Cass, Secretary of War. Sir : — I have had the honor to receive your letter of the 23d ult., and have notified the officer in command of the United States troops at Fort Mitchell that the services of these troops can be now dispensed with in that quarter, and that any instructions emanating from you for their removal can be obeyed, without conflicting with my views. Very respectfully, your obt. servt., WILSON LUMPKIN. 334 REMOVAL OF THE CHEROKEE Executive Department, Ga., Milledgeville, April i8th, 1835. Jno. A. Cuthbert, Esq., Intendant of Milledgeville. Dear Sir : — Since my confinement by indisposition, I am informed that it has been well ascertained that a case of smallpox has oc urred in the center of this town, under circumstances wl. ch give just cause to apprehend that the alarming and infectious disease must be expected to extend and spread its desolating effects. At first I felt some relief from the confidence I entertained in the vigilance and intelli- gence of the police officers, physicians and citizens of the town, not doubting but prompt and efficient measures would be devised and resorted to to avert, as far as possible, the apprehended evils of this most alarming disease. But while I am still confined to my room I daily hear the complaints of the community that no other measure, except a resort to vaccination, seems to be deemed necessary at present. Moreover, it is stated that no restraint in regard to inter- course with the afflicted patient, except it be the mere discre- tion of the thoughtless multitude, is imposed upon the com- munity. Under these circumstances, I address you, officially, urging upon your consideration and that of our fellow citizens generally the deep and vital importance of the subject, and trust that joint consideration and counsel may result in the best measures of security of which the nature of the case admits. The state of my health forbids my leaving my room, but, as far as may be practicable, both as a citizen and as the Executive of the State, I feel myself in duty bound to give every aid in my power to avert the desolating efifects of so great and impending an evil as I consider that of an extensive inoculation of this alarming disease. Respectfully, yr. obt, servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, April 25th., 1835. Wm. G. Springer. Dear Sir : — I have just read your favor of the loth inst. with much interest. Your general views in relation to our Indian affairs fullv coincide with mv own. I doubt whether INDIANS FROM GEORGIA. 335 the very liberal terms proposed to the Cherokees in the late Treaty will be accepted by them. Ross and his feed counsel are not satisfied, because they are not authorized by the Treaty to have the entire control and disposition of the whole of the patrimony of the Cherokee people. A more wicked, selfish and unprincipled combination of men never existed in this or any other country than the faction who is and has been combined to prevent Gen. Jackson and myself from promoting the best interest, both of the whites and Indians, by an amicable and final adjustment of all our Indian perplexities. The great injustice done to the President, as well as myself, on this subject has received a certain degree of countenance and support from many of our pretended friends, which goes very far toward disgusting me with political men. Posterity, however, will do us both ample justice. The efforts of this feed fraternity may be seen in their tampering with ignorant Grand Jurors and other pliable machinery to procure false statements and unsupported denunciations, which are published and sent abroad for efifect upon popular opinion. Public opinion forced a majority of the last Legislature to pass the act which alone at this time prevents Hooper and his lawyers from depopulating our new counties and re-establishing the dominion of Ross and his party. But it is a most surprising fact that this same Legislature has suffered itself, through the majority of a select conwiittee, to be placed in the attitude of condemning their own solemn act of legislation, and of puffing and applauding an officer of the Government who had just been most severely rebuked by their own enactments. I have not been furnished with the proceedings of the Committee in the Hooper case — all that I have seen was a paper (which I hastily read) purporting to be the report of a majority of the Committee, which may be considered a strong and lawyer-like effort to zvhitewash Hooper at my expense. This paper indicates that I had charged Hooper with corruption ; and the report several times, in the most emphatic manner, declares the conviction on the minds of the Committee of his innocence and purity. My message will always prove the falsity of this report, for nothing in that message charges Hooper with corruption — indeed, at the time it was written I did not intend to charge him with corruption. I thought him imbecile and arrogant, and vmder the influence of artful, designing and bad men, and felt it to be my imperative duty, as Chief Magistrate 336 REMOVAL OF IHE CHEROKEE of the State, to lay the matter fairly and fully before the representatives of the people, and recommend such measures as might be best calculated to restrain the Judge in his assumptions. The majority of the Legislature fully sustained my views by their act in relation to the Indian subject, yet a majority of the Committee of that body have, since the adjournment, thrown their whole weight into the scale of the Ross faction, in a fruitless attempt to sustain Judge Hooper, By reference to the evidence published by the Committee, no person acquainted with all the circumstances can place any confidence in the proceedings of this Com- mittee. In regard to myself, I know, and could prove before a court and jury, that they have done me injustice, by an act of mutilation, which I consider inexcusable. I use strong language, and, therefore, feel it my duty to give the proof. On page 128 of the printed document sent abroad by this Committee you will find what purports to be the interrogatories proposed to be exhibited to Wilson Lumpkin, as a witness in the case then before the Committee. This showing, as it stands in the document referred to, is a gross perversion of truth and fairness, and places me in an attitude of arrogance, if not sensitive petulance, altogether unbecoming the office which I hold. At the same time, the insulting insolence of Judge Hooper and his counsel to the Chief Magistrate of the State has been cautiously withheld from the public, thereby misleading the public mind and laying the foundation for the false and slanderous denuncia- tions which have since been procured from a few ignorant and pliant majorities of Grand Juries. Instead of placing the matter in its true light, by making me appear on the defensive side of the question, as has truly been the case all the way through, this Committee, throughout, endeavors to place me in the position of aggressor, and of making war on the Judge. Will not every honest, sensible man. who may chance to read this document, emanating from a Committee of the Legislature, be surprised when he is informed that this Committee, instead of giving to the public the eight insulting and accusatory interrogatories propounded to me in writing and signed John W. Hooper, and upon which my communication to the Committee was predicated, actually withheld from the public the whole of these interrogatories, except Wi^ fifth and a part of the first (which were the least ofifensive or exceptionable), and numbered them one and two, and placed them in ordinary form? Here follows a copy of the interrogatories actually served on me, and signed INDIANS FROM GEORGIA. 337 John W. Hooper, the original of which is now in my pos- session : Interrogatories to be exhibited to Wilson Lumpkin, in favor of J. W. Hooper. First. You are desired to state if the charges contained in your annual message against the Judge of the Cherokee Circuit are derived from facts resting within your own knowledge or from information or heresay ; if the latter, state from whom, and annex sworn copies of all these letters in your possession on that subject? Second. Were any of these letters written by Col. Har- grove, Wm. N. Bishop, or W. G. Springer? If yea, annex sworn copies of all these letters to your answers. Third. State particularly to what extent you have, directly or indirectly, counseled, advised or aided, by writing or otherwise, a disregard of the bill of injunction in the Indian cases, and with whom you have corresponded in reference to this subject, and furnish sworn copies of such correspond- ence. Fourth. Have you in your possession, or under your control, any written information concerning Judge Hooper, participating in the fee of the counsel for the Indians, other than is contained in the letter of C. D. Terhune? If yea, state what information at large. Fifth. State all the facts resting in your knowledge in support of your charges against the Jvidge of the Cherokee Circuit, contained in your annual message. Sixth. Do you know any thing of a meeting got up at Buffington's concerning Judge Hooper, at which the petition against him was framed? If yea, state wdiat part you took in getting up that meeting. Seventh. Were the letters of Mr. Cuthbert, respecting the decision of the Judge at Cass Court and of the conversation, in your possession and before you when you wrote your annual message? Eighth. Are you conversant with the practice of the courts of equity in granting injunction? If yea, state if bills of injunction are not always granted on the statement of the complainants on oath, and whether such a course in any way impairs the trial by jury? After the Committee were informed that I considered the foregoing interrogatories in the light of a direct and personal insult ofifered to me while seated on the Executive chair, by Hooper and his advisers, and that I was determined to treat all such insults with merited contempt, one of the 338 REMOVAL OF THE CHEROKEE members of that Committee then informed me that the Committee would order the whole of the interrogatories to be stricken out, except that part which they have ordered to be printed. But this information only served to confirm me in the opinion first formed : that the dignity of this Department should not be prostrated at the feet of insolence and assumption. It was obviously the design of Hooper and his advisers, by these insulting and indecorous interrogatories, to degrade and bring into public contempt both the Executive and Legislative Departments of the Government. These accusa- tory interrogatories (which the Committee have carefully withheld from the public view) amount to nothing more nor less than the most degrading charges against me, and I am called upon by Hooper and his counsel to purge myself from guilt by my own oath, before a Committee of the Legislature. This proceeding was clearly intended to turn away the public indignation from the object of its just censure, and criminate the Executive for a faithful discharge of constitu- tional duty, in communicating to the General Assembly the improper conduct of Judge Hooper. But I forbear to dwell further on this subject, the investigation of which has already revealed enormities in the human character which could never have been suspected in the absence of conclusive evidence. Whether the Cherokees accept the late Treaty, or other- wise, is now a matter of comparatively small importance to Georgia. The great battle upon this subject has been fought and won, and, whatever may be the issue, I rely upon the records of the country to do me justice in regard to the part I have acted in the matter. Who was the first member of Congress that introduced the direct proposition for the removal of the Indians west of the Mississippi ? Who was the first Governor of Georgia that ventured to recommend to the Legislature sovereign action in regard to the Indians within the limits of the State and the territory claimed by them? On whom was the responsibility of surveying the Cherokee territory, without a Treaty, thrown by the Legisla- ture of Georgia? And how was the responsibility met? On whom was the responsibility of proceeding with the lottery, and granting the lands, thrown by the Legislature ? And how has that responsibility been met? On whom devolved the responsibility of exposing a miserable faction, combined to overturn the laws of the State in the new counties, and how has that responsibility been met and discharged? Sir, INDIANS FROM GEORGIA. 339 I leave the records of the Executive and Legislative Depart- ments of the Government to answer these questions. After four years' successful labor, by day and night, at home and abroad, to the almost entire neglect of my own private affairs, I see myself daily and hourly slandered, reviled, and misrepresented, in every form which perverted talents and ingenuity can possibly devise, in regard to the deeply interesting matters connected with our Indian relations. But, sir, I am generally placed by the side of my co-worker, Andrew Jackson, which, if I possessed the humility of Mr. Van Buren, I might perhaps consider glory enough for me. By nature, I am averse to strife and personal litigation, and have never had any but what has grown out of public duty. But I never could have sustained the interest of the State in carrying into effect the Indian policy which I have long since marked out, if I had cowered before the selfish and daring enemies who have combined together for the purpose of perpetuating the Indians on the soil of Georgia, rather than see Jackson and Lumpkin the efficient agents in relieving the people from this long standing and complicated evil. I am. sir, very sincerely, yr, obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, May 4th, 1835. To Eli S. Shorter, J. P. H. Campbell, and Alfred Iverson, Esqrs. Gentlemen : — I have had the honor to receive your com- munication of the 1st inst., accompanied by a copy of the proceedings of a meeting of the citizens of Columbus, on the subject of the unpleasant state of affairs which now exist between the citizens of Georgia and Alabama and the Creek Indians. Before I commence a reply to your address, it is proper for me to state that the proceedings of the meeting in Columbus, as well as your address to me, is well calculated to produce a mistaken impression upon the public mind, so far as the Executive of Georgia is connected with the subject. These papers indicate that the complaints set forth have not yet attracted the attention of the Executive of Georgia. If this be the impression, I have to regret the misapprehension. I have, for years past, on every fit occasion, pressed this 340 REMOVAL OF THE CHEROKEE subject upon the consideration of the authorities of the Federal Government, which Government alone has the power and ability to bring these Indian perplexities to a final issue. It is true the President of the United States disclaims all right to intermeddle with the Government and jurisdiction of States, in regard to our Indian population, where the States have extended their laws and jurisdiction over these people. And while I most fully concur with the President, in denying the right of the Federal Government to impede or control the State authorities in any manner whatever in relation to the government of these unfortunate people, I have, nevertheless, contended, and still believe, that it is the duty of the Federal Government to co-operate with the States in all just measures which may be calculated to speedily remove the evils of an Indian population from the States. In regard to our own State, it is wholly unnecessary for one, when addressing Georgians, to advert to the strong obligations which rest upon the Federal Government to relieve the State from the long-standing embarrassments and deeply injurious effects of an Indian population. It has been the settled convictions of my own mind, for years past (although not sustained by the public opinion of the country), that existing circumstances demanded from the Federal Government a radical change of policy in regard to the remnant tribes of the Cherokee and Creek Indians who still remain within the limits of the States. I consider it a perfect farce and degrading to the Government of the Union, under existing circumstances, to pretend any longer to consider or treat these unfortunate remnants of a once mighty race as independent nations of people, capable of entering into treaty stipulations as such. These concjuered and subdued remnants deserve the magnanimous and liberal support and protection of the Government, and should be treated with tender regard, as orphans and minors who are incapable of managing and protecting their own patrimony. This course of policy, if pursued by the Federal Govern- ment, would soon relieve the States from the inquietudes of an Indian population, and settle the Indians in a land of hope where they would be shielded and protected from the enormous and degrading frauds which have been so often perpetrated on these sons cf the forest by an avaricious and selfish portion of our white population. Complaints of the intrusions and depredations of the Creek Indians upon the territory and property of the citizens of Georgia are fre- quently made at this Department, and such as now exist INDIANS FROM GEORGIA, 341 have run through both terms of my administration of the Government of Georgia, as also that of my tv^o immediate predecessors. During Gov. Forsyth's administration, such complaints became so urgent as to induce the Executive at one time to issue orders for the organization of a mihtary force to repel the intrusions and depredations complained of; but before these orders were carried into effect such informa- tion was received at the Executive Department as to induce the Governor to countermand these orders and stay further proceedings. The subject was brought to the consideration of the Legislature following, and a law was passed to prevent Indian intrusions, &c. Since I entered upon the duties of this Department, the correspondence held upon this subject would make a volume ; and I am compelled to say that the contradictory character of the communications which I have received has been such as to leave me at a loss to determine upon any definite course of measures in regard to the subject. An attempt to follow the advice offered the Executive would result in a monthly change of measures, at least. Indeed, the same mail often brings me the conflicting statements of individuals equally entitled to the public confidence. Some time ago I opened a correspondence with the Governor of Alabama upon the subject of depredations committed within the limits of Georgia by Creek Indians residing in that State, and apprising him that a demand for the offenders would probably be made. But after using every effort in my power, and sending a special agent to the neighborhood where Powell and others were killed, I have been unable to identify the perpetrators of crime in Georgia, so as to make a demand in terms of the law. A correspondence of the character which you suggest that the Governor of Georgia should open with the Governor of Alabama is entitled to that consideration which its impor- tance and novelty demands. My present impression is that a tender of the services of Georgia to the authorities of Alabama, before such aid is sought, might justly be con- sidered premature. No man can more sincerely regret the unpleasant and hazardous situation to which many of the good citizens of Georgia and Alabama are exposed under our existing relations with the Indians than mvself ; and you may rest assured that no lawful and constitutional effort shall be wanting, on my part, to protect and defend the citizens of Georgia. 342 REMOVAL OF I HE CHEROKEE But I concur with you in believing that "The great body of the Creek nation is not involved in the controversy, but the complaints are urged almost exclusively against two towns." Indians who have sold their lands have spent the money which they had received, and now refuse to emigrate — too indolent to work, they have become robbers and vaga- bonds. These guilty outlaws ought to be punished ; but the peace and security of the unoffending portion of the Indians ought to be scrupulously regarded and protected. The innocent ought not to be punished for the crimes of the guilty. We should, therefore, hesitate and consider well before we resort to measures w^iich may be calculated to produce a state of hostility which would result in the general extermination of this remnant tribe of Indians. I trust that before the necessity of such a course shall arrive — for the extermination of the remnant tribes of Southern Indians — the Government of the United States, in all its departments, as well as the people in every section of the Union, will see the necessity of removing them at once beyond the limits of the State, and plant them in permanent abodes, where the white man will cease from troubling, and where these wasted sons of the forest may be at rest. I deeply regret the outrages committed in Alabama, as well as Georgia, but beyond the limits of Georgia I can exercise no legal authority. The perilous and unpleasant situation of the new settlers in Alabama is obvious, and might have been anticipated. Nor is it in the power of Government to remedy all the evils complained of. They are necessarily incident to the circumstances in which these citizens are placed. Under all the circumstances, I do not at present feel myself authorized to organize and station a military force to protect the whole western border of Georgia, three hun- dred miles in extent, from apprehended Indian depredations. And I verily believe many, very many, other places in Georgia are at this time in more danger from Indian depre- dations than the vicinity in which you reside. Our citizens are not only exposed, but actually annoyed, by the remnant Indians remaining in our own and adjoining States, on our entire northern and western boundary ; and I am decidedly of the opinion that a military force to guard these exten- sive borders of the State is wholly out of the question. If these people cannot be controlled and punished for their crimes by the civil authorities of the country, we must resort to more efficient and energetic means than that of keeping INDIANS FROM GEORGIA. 343 up military stations and guards. The perplexing evils with which we are embarrassed can only be removed by the entire removal or exiermmation of the Indian race ; and I hope and trust that efficient measures for their removal will be speedily resorted to by the Federal Government. In the meantime, we must meet the contingencies of the times as they arise in the best way we can. Until a state of war actually occurs, we must rely upon the civil authority, aided, when necessary, by the military ; but we must not hastily familiarize our minds with the idea of superseding the civil authority by that of the military. I am, gentlemen, with great respect, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, May 28, 1835. Col. Wm. N. Bishop, Spring Place, Murray Co., Ga. Sir: — I have received your letter of the 15th inst., on the subject of our present relations with the Cherokee Indians, and other matters connected with your official agency. By the same mail I have also received various other communications from respectable citizens of the Cherokee Circuit, coinciding with the views which you have submitted in relation to the organization of a guard for the protection of that portion of the Cherokee population known to be friendly to the Treaty with Ridge, and to the policy and laws of the State. After the most deliberate consideration, I am forced to the conclusion, under all the existing circumstances con- nected with the present state of our Indian aflfairs, that every legal effort should be made at the present time to avert the evils and calamities which seem to be apprehended by you and many others. The only legal discretion confided to the Executive upon this subject is to be found in the resolution of the last Legislature, which authorizes the Governor, "when he may deem the exigency to demand it, to call out such force, under such command, and for the time he may consider necessary, for the security, relief and protection of our own citizens and the friendly Cherokees." I believe the time has arrived that a wise and prudent use of the contemplated force may be made to great advantage ; but every thing depends upon a prudent organization and use of such force 344 REMOVAL OF THE CHEROKEE — whether for good or evil, will chiefly depend upon a judicious and discreet exercise of the power conferred by the Legislature. Having determined to organize a small force to meet the present exigency, and having determined to tender to you the command of it, I have many suggestions to make to you in connection with the delicate and important trust, which renders it highly necessary that I should see you at the seat of Government as early as practicable, when you will receive your orders and instruction, and make other arrangements for carrying into elifect the objects contem- plated by the Legislature. As you will be fully advised of my views upon your arrival here, it would seem unnecessary in this communication to enter upon the details of the plans and operations which may be deemed proper for the occasion, yet, as I consider it important that you should have the earliest intimation of my opinions upon this subject, I have thought it might not be amiss thus early to present you with a hasty sketch of the views which I entertain of these impor- tant affairs. The object of the contemplated force is "the security, relief and protection of our citizens and the friendly Cherokees." How shall this object of security, relief and protection be attained? We shall find that a strict regard to the laws of the country, by affording every aid in our power to secure the ends of civil justice, will most effectually secure, relieve and protect the weak and innocent portion, of the community. In determining on the organization of the contemplated force, it has been my earnest desire that we might have no duties to perform which might be considered strictly military. So far as events have yet transpired, we have nothing to justify the belief that the crimes which have been committed in the Cherokee part of Georgia may not be punished by a faithful enforce- ment of the civil authority of the country. We should, there- fore, look to that branch of the Government which the Constitution has provided for the arraignment and punish- ment of offenders. The inefficiency of the civil authority in that section of the State is chiefly owing to the peculiar circumstances which at this eventful crisis seem to be arrayed against the regular administration of the law, and which tend to favor the escape and rescue of the proper victims of legal punishment. As I understand the views of the Legislature, it will be your duty, with the force at your command, to aid in bringing to justice the violators of the law in the weak and exposed sections of the State in which you will be called to act. The criminals who have heretofore INDIANS FROM GEORGIA. 345 evaded justice, whether by force or artifice, will, I trust, by your vigilance, be apprehended and brought to condign pun- ishment. The murders, robberies, and thefts which have already been committed in Georgia upon some of our own citizens, as well as some of the friendly Cherokees, should not be overlooked. It should be considered a primary object of the force intended to be organized to apprehend these offenders to the proper civil authorities, to be further dealt with as the law directs. Further, it is represented to me that, through the influence of John Ross and his advisers, many of the natives who are in favor of the late Treaty, as well as some of our white citizens, are believed to be in great danger of personal violence, if not assassination and massacre. Moreover, it is stated that councils and meetings are held by Ross and his adherents, for the purpose of com- bining and organizing an opposition and influence to prevent the Cherokee people from accepting the liberal terms of the late Treaty, and that many of said Cherokees are actually intimidated from freedom of action, by and on account of the threats and menaces of Ross and his friends. Should the present controversy and excitement amongst the Chero- kees result in the murder of Ridge and others, who are honestly and patriotically supporting the best interest of their deluded people, by urging upon them the necessity and advantages of accepting the Treaty, the magnitude of so great an evil could not fail to be felt by the whole nation and would leave a foul blot upon the Government of the Union, as well as that of Georgia. Ridge and his friends have espoused the policy of the Government. They see and feel the unfortunate condition of their people, whose miseries are daily increasing, on account of the obstructions which are thrown in the way of their acceptance of the proposed Treaty. Ridge is a man of enlarged views, one of nature's threat men, who looks beyond the present moment and seeks the good of his people with an eye to their posterity. He com- prehends the whole subject at issue, in all its various bear- ings ; and, therefore, hazards life and every thing dear to him as a man, to effect a great public object of deep and lasting interest to his native race, the Cherokees. Now, sir, under these circumstances, John Ross and his friends, whether ivhite or red, must not be permitted on the soil of Georgia, to commit another outrage upon a single individual who has the right to claim protection from the Government of Georgia. If any outrage is hereafter committed by any who are known to be under the influence of Ross, either 346 REMOVAL OF IHE CHEROKEE upon Ridge or his friends, or any other citizen of Georgia, Ross should be held personally responsible for such act. If Ross and his party do not obey and respect the laws of the State, or should they be guilty of instigating murders or other outrages within the limits of this State, further forbearance on the part of Georgia towards them would cease to be a virtue. They must be punished for their audacity, or they must abandon the State. Under all the circumstances, these deluded people should not be permitted to remain in Georgia another year. It is the duty of the Federal Government to take them firmly by the hand, and in a kind, but imperative, language, say to them: "My chil- dren, you must be preserved from the impending ruin that awaits you. You cannot longer remain where you are. You must go to the homes provided for you. Your national character in your native land is lost, is fled forever ; and it is our settled purpose to re-establish, exalt and elevate your character, and restore your condition in the new land of hope and promise whither we lead you." These general and hasty suggestions and remarks, without much regard to arrangement, will serve to aid you in comprehending my views, which will more fully be detailed in the orders and instructions which I design hereafter to prepare for your guidance. Very respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, May 20th, 1835. Hon. Andrew Jackson, President of the United States, Washington. Dear Sir : — I should have written to you some time ago upon the subject of our present Indian relations, but for the expectation of seeing Mr. Forsyth, on his way through this place to Columbus, with whom I had intended to converse freely and fully on this subject, without troubling you with a direct address. But Mr. Forsyth having passed here, without my having an opportunity of seeing him, I have deemed it necessary, without further delay, to apprise you of the present posture of our affairs with the Indians, and also place you in possession of my views in regard to this deeply interesting subject. From the last information I have been able to obtain, I incline to the opinion that John Ross and his associates will have the address and influence to prevent INDIANS FROM GEORGIA. 347 the majority of the Cherokees from accepting at present the very hberal terms of the Treaty arrangement recently pro- vided at Washington under your direction. A large majority of the people and the public authorities of Georgia, however, are fully satisfied that you and the authorities of the Federal Government have done every thing that ought and could in reason be done to settle this business, and to promote the interest and preserve the lives of this unfortunate remnant of deluded Indians. I have nothing further to ask in behalf of Georgia from the Executive authorities of the Union in the character of treaty proposals to the Cherokees ; indeed, I have and do protest against any further efforts to treat with John Ross and his white advisers, by any modification or alteration whatever in the Treaty lately negotiated by Ridge and others at Washington. I have not failed to let these, my views, be known extensively throughout the Cherokee part of Georgia. And I herewith enclose you a paper received this day, signed by many of the most respect- able and influential citizens of that section, by which you will perceive that they coincide in opinion with the views which I have herein submitted. It is worse than useless to make any further effort to coax and flatter Ross and his associates ; nothing short of bribery and corruption can induce them to come to an amicable adjustment of our Cherokee perplexities, and these are conditions which neither you nor myself can consent to be instrumental in consummating. Any honorable sacrifice in the bounds of reason ought to be made to settle these embarrassing Indian perplexities ; but no result can be worse than for the public authorities of the country to sanction and foster the corrupt selfishness of base men. Ross and his friends would be perfectly satisfied with the proposed Treaty, provided they could be entrusted with the disbursement of the considera- tion money. I have carefully read the Treaty, and was glad to perceive that its liberal provisions secure the interest of every individual attached to the Cherokee people, affording but limited opportunity for the aristocratic leaders of this unfortunate race to defraud them of their national inherit- ance. This is as it should be ; and cannot fail to receive the approbation of every honest man in the whole country.. If any thing can induce the Cherokees to accept the Treaty, i*' is a decisive, unwavering adherence to its provisions as they now stand. If the door is once opened for modifications, Ross and his friends will secure to themselves fortunes at the expense of the common Indians. The Indians, as well as the whites, are tired of the present state of things, ar^d 348 REMOVAL OF THE CHEROKEE would, if left to themselves, niost gladly embrace the liberal offers of the Government and remove without delay. But there are white men, as well as Ross, who oppose the Treaty, because they are not provided for by its stipulations. Under all the existing circumstances, I take the liberty of suggesting to you the expediency of your causing it to be immediately and distinctly understood by the Cherokees that no modification of the late Treaty whatever may be expected. Should this course fail to produce the desired effects, other measures must then be resorted to, with a view to the adjustment of our perplexities with the Indian population. The present condition of both Creeks and Cherokees who still remain in the States is most deplorable. Starvation and destruction await them if they remain much longer in their present abodes. Indians cannot live in the midst of a white population and be governed by the same laws. I am truly disgusted when I reflect upon the enormous frauds which have been committed upon the Indians by a small but abandoned and selfish portion of our white population, and I regret to say, under existing laws and circumstances, we are unable to restrain and punish these enormities. On the other hand, very many of our unoffending citizens who have settled amongst these Indians, both in Alabama and Georgia, under the legal sanction of both the State and Federal Gov- ernments, are living in a state of constant apprehension. Our white citizens are daily insulted, menaced, and injured by the depredations committed on their stock and property by the perishing, vagabond portion of these savages, many of whom, at this time, have no legal home in the country. Several murders have actually been committed, and the lives of our citizens, in many places, are at the mercy of these reckless and lawless vagabonds. It is true that the laws of Georgia and Alabama have been extended over these Indians, but it is equally true that, in far the greatest numbr of cases, they cannot be enforced against offenders, for the want of an adequate white population ; and because, in nine cases out of ten, the offending Indian cannot be identified. The daily strifes which now exist, and which are increasing between these Indians and the citizens of Georgia and Alabama, must continue, with aggravated mischief, so long as they remain in the States. Have not these Indians lost all just claims to national character? Ought not these Indians to be considered and treated as the helpless wards of the Federal Government? I am, dear sir, with great regard, vr. obt. servt., WILSON LUMPKIN. INDIANS FROM GEORGIA. 349 Executive Department, Milledgeville, May 21st, 1835, Hon. Lewis Cass, Secretary of War. Sir : — I have this day concluded to limit the time for the presentation of claims of the citizens of Georgia, under the Creek Treaty of 1821, to the ist day of August next, by which time I hope to be able to bring this troublesome business to a final close. From the progress made, I have ascertained that the . amount of money set apart will be suf^cient to pay the whole of the principal and a small portion of the interest provided for. Perceiving that the principal and interest of the claims will exceed the amount of the appropriation, and having incurred the obligation of compensating a commissioner, appointed to examine and adjust them, I have to request that I may be informed whether the allow? nee to the commissioner — whose services have been so important and indispensable — will be defrayed by the Federal Government, there being no fund out of which I feel myself authorized to make the allowance. I have the honor to be, very respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Mav i6th, 183^. Col. Wm. A. Bishop, Spring Place, Ga. Dear Sir: — I have received your favor of the 5th inst. The information it contains, in regard to the prospects of the late Treaty proposed to the Cherokees and being accepted by them, coincides with the information heretofore received from my best informed correspondents in your section of the State. It is most unfortunate for this remnant tribe of Indians that they still adhere to the dictation of Ross and his more selfish w'hite advisers. But whatever misfortune may hereafter come upon them, on account of their obstinacy in refusing to accept the kind and liberal ofifers of a beneficent Government, we, who have endeavored to save them from the impending ruin which inevitably awaits them if they remain in the midst of our white population, will at least have our own minds relieved from guilt. Their ruin must be charged by the impartial eye of posterity to Ross and his associates. 350 REMOVAL OF IHE CHEROKEE If they reject Ridge's Treaty, nothing further ought to be proposed to them as a substitute. No modification, for the accommodation of Ross and his feed council, should be made by the Government. Those who reject the Hberal terms of the late Treaty, and refuse to emigrate, deserve no further favor or forbearance from Georgia or her authorities. Your letter satisfactorily explains the delay in my hearing from you on the subject of the complaints published against you, over the signature of Spencer Riley, and which you state were written by Sanuiel Rockwell. While you were attending to an important official agency, in a wilderness country, where neither newspapers nor letters could reach you, of course, you could not be informed of the shafts of malice and misrepresentation which were levelled against you, through the medium of a portion of the public press — which really appears to be opposed to every interest of the State. I am glad to learn that you will have it in your power to satisfy an honest public that you have only done your lawful duty, and that you have been grossly misrepre- sented. Indeed, sir, it must be obvious to every enlightened and impartial citizen of Georgia that the duties which have devolved upon the Executive branch of the Government of the State for several years past, in the management of our Indian affairs, have been most responsible, arduous and difficult of execution, while it must be admitted by all that unparalleled success has attended our efforts, and every danger and difficulty has been promptly and successfully met. The prompt and efficient discharge of your present agency cannot fail to receive the reward of public approba- tion. Under existing circumstances, we cannot expect to escape the censure of the selfish ; but we must rely upon a strict and fearless discharge of official duty, and trust to our constituents and posterity to do us that justice which has never failed, sooner or later, to be the reward of honesty, and integrity. Please keep me advised of passing events in relation to our Indian afifairs. I remain, sir, very respectfully, yr. obt. servt., WILSON LUMPKIN. INDIANS FROM GEUKGIA. 351 Executive Department, Ga., Milledgeville, May 28th, 1835. To Col. Z. B. Hargrove and Col. Wm. Harden, Cassville, Ga. Gentlemen : — I have received your letters, and the papers signed by yourselves and many other respectable citizens of the Cherokee Circuit, requesting an organization of a military force for the protection of the citizens of said district, and more particularly for the protection of that portion of the Cherokee population who are known to be in favor of emigration and the late Treaty entered into by John Ridge and his associates with the authorities of the United States, &c. The great importance and gravity of the subject which you present calls for the most mature and deliberate consid- eration. The consequences involved in the course which you recommend is inseparably connected with the character, honor, and best interest of the State, and that to an extent not apprehended by the hasty and inconsiderate. The necessity, and, consequently, the expediency of the measures recommended by you and others are supported, as appears from the communications which I have received, by detailing the violent olTenses which have, from time to time, been committed by that portion of the Cherokee Indians who are opposed to emigration, and the inefificiency of the civil authority to punish these offenders, as well as the appre- hensions of that portion of the community who consider themselves in personal danger from the apparent excitement which at this time prevails in the country on the subject of the proposed Treaty. And you, therefore, call upon the Executive for the execution of the late laws and resolutions of the State, &c. No vigilance has been, or shall be, wanting on my part to see that the laws are faithfully executed, wherever their enforcement has been confided to the Executive. But I have no power to change existing laws — that belongs to the Legislature. I cannot control or interfere with the constitu- tional and legal powers of the judiciary. I am not responsible for the fidelity or integrity of that Department of the Govern- ment. Its defalcations and abuses of power I may properly lay before the Legislature — there my duty ends. The strongest apprehension of danger which I indulge is chiefly limited to that portion of the Cherokee population who are known to be favorable to the late Treaty and emigration. But Ridge and his friends may rest assured 352 REMOVAL OF THE CHEROKEE that I feel myself and the Government of Georgia as strongly bound to protect and defend them in their persons and property from the violence and outrage of their enemies as I would any portion of the white population of the State. If John Ross, or any of his party, commits any violence or outrage upon Ridge, or his friends, be assured the full extent of the Executive power of Georgia shall be exerted to punish all who may be justly implicated in such unsufiferable crimes. I am bound by the laws and Constitution of the State. I cannot punish or exterminate the suspected enemies of the State, before conviction. You will not consider these hasty impressions as indicating the result of my final decision in relation to the subject which you have presented for my consideration. All that the laws of the State authorize me to do, to prevent the evils which you apprehend, may be expected. What is proper, however, to be done, should be done in the best way to effect the desired good — all of which will be duly considered and acted upon without delay. I am, gentlemen, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, May 29th, 1835. Mr. John Ridge, Rome, Floyd County, Ga. Dear Sir : — I have received, and read with feelings of deep interest, your favor of the i8th inst. You have taken an enlarged and enlightened view upon the highly important subject on which your letter is written. My views coincide with yours on every important point. Instead of replying to your letter in detail, I deem it most advisable, under all the circumstances, to refer you to Col. Bishop, to whom I have just written at large on the subject of your letter — without, however, intimating to him that I had received any com- munication whatever from you. Request Col. Bishop to show you my letter to him, and you will then feel assured that prompt and energetic measures have been adopted, suited to. the present emergency. I have invited Col. Bishop to visit this place, with as little delay as possible. You will, therefore, do well to lose no time in seeing the Colonel. I am, sir, with great respect, yr. friend and obt. servt., WILSON LUMPKIN. INDIANS FROM GEORGIA. 353 (Instructions.) Executive Department, Ga., Milledgeville, June 17th, 1835. Col. Wm. N. Bishop. Sir : — In pursuance of your appointment to the command of such force as may be called into service, under the pro- visions of a joint resolution of the General Assembly, approved the 20th December, 1834, for the security, relief and protection of our own citizens, as well as the friendly Cherokees who reside in the Cherokee Circuit of this State, you will proceed, with as little delay as possible, to organize a force, not exceeding forty men, the whole, or any part, of which may be called into immediate service, as circumstances may hereafter require. They will be engaged to serve until the first day of December next, unless sooner discharged by orders from the Governor. None but able-bodied men, qualified for the most effective service, must be admitted, and who must furnish themselves with good horses, at their own expense. In contracting for members to compose the contemplated force, you will be careful to select men of approved courage only — of sober habits and accustomed to endure with patience the greatest fatigue. You will be supplied with public funds, for the payment and support of your men, as circumstances may require. The necessary supplies for men and horses must be provided for in that manner which will ensure the greatest economy which may be consistent with comfortable subsistence. The nature of the contemplated service not admitting of the idea of much stationary duty, I have not deemed it necessary or expedient to point out particular stations for the deposit of rations or supplies, but shall leave all these arrangements to your own efficiency and skill in the execu- tion of your duty, relying as I do much on your own judgment and fidelity to the public interest. It may, however, be proper to suggest that you will find it most convenient and economical to have engagements for supplies, for both men and horses, with individuals on whom you can rely, always ready at given points to prevent inconvenience and actual suffering. Indeed, some suitable point as your headquarters will be indispensable, and there your chief supplies may be deposited, and where some kind of barracks to shelter vour men and to 354 REMOVAL OF IHE CHEROKEE meet the contingencies of sickness, &c., must necessarily be provided. From the nature of the service, you cannot restrict your men to the ration of the regular soldier ; yet it will be expected that every thing like extravagance and waste will be prevented. The men you may engage will furnish their own horses, and will receive twenty dollars per month each, when in actual service. They will be paid quarterly, if they require it. The efficiency and utility of this force will, in a great degree, depend upon their strict and cheerful obedience to your orders. If they can be brought to obey your orders implicitly and of choice, you will then have prepared them for the duties which are to be discharged. You will find constant employment in the contemplated service. You will appoint an orderly sergeant, who will make regular and daily reports to you of the state, &c., of your force, and you will make similar weekly reports to this Department. You will also make duplicate quarterly reports of your expenses incurred in supporting your men, accompanied by vouchers for each item, one of which reports will be for- warded to this office, and both signed and certified by you upon honor. And you will make similar reports of all incidental and contingent expenses. The object of the force to be organized under your command is to afiford security, protection, and defence to our sparsely settled population of the Cherokee Circuit, and particularly to the friendly Indians who are disposed to obey and respect the laws of the Federal, as well as the State, Governments. Let it be constantly borne in mind that, under the existing state of things, your military command is designed only to aid the civil authority in carrying into efifect the laws of the State. First. You will diligently enquire for, and ascertain as far as you possibly can, all the violations which have been or may be committed against the criminal laws of this State, by persons who have evaded and still evade a legal trial, for the offences with which they may stand charged — • wherever you find that an offence of any magnitude has been committed, and the offender or offenders cannot be appre- hended by the ordinary officer or officers, or where such offenders have broken jail, or escaped from the custody of a proper officer, you will immediately cause all such persons to be arrested, and use all legal means placed at your com- INDIANS FROM GEORGIA. 355 mand to secure their apprehension, trial and punishment according to law. Persons suspected of violent designs against the peace and good order of society — upon the aflfidavit of a respect- able person or persons, setting forth or charging such appre- hension of violence as being meditated against any one or more persons, or where the individual apprehends personal injury or violence to himself — you will, on procuring a proper warrant in terms of the law in such cases made and provided, consider such warrant your legal authority for arresting the person or persons so charged, and cause them to be brought before some proper officer, in order that they may be dealt with as the law directs. Having just grounds to apprehend that John Ridge and his friends, who are favorable to the late Treaty, are in danger of secret, if not open, violence from John Ross and his party, I feel myself in duty bound to charge you most earnestly to be strictly vigilant and watchful in protecting and defejiding said Ridge and his friends from the malignant violence of their enemies. And, after holding a consultation with Ridge and his friends, if any respectable person or persons can take the necessary oath, you will not fail to procure a warrant, and take with you a civil officer to execute the same, and arrest John Ross, and see that he is brought before the Judge of the Superior Court of the Cherokee Circuit, in order that he may give good and sufficient security for his good and peaceable behavior, not only toward the individual named in the war- rant, but towards all the good citizens of this State and all the friendly Cherokees residing therein. The distinction and character of John Ross is such as to fully justify these my instructions in having him brought before the highest judicial officer within the Cherokee Circuit. Moreover, you are particularly enjoined and instructed to prevent the exercise of any authority by those who are considered as Cherokee chiefs or headmen. They must not be permitted to make and enforce any rules or regula- tions for the government of the Cherokees within the limits of Georgia, or to hold meetings, or councils, for illegal purposes. Every Cherokee who has offended or may oflfend against the laws of the State, especially every headman or chief, must be arrested and delivered to the judicial authori- ties, let it cost what it may. Your men must be accustomed to secrecy and dispatch in relation to many of the duties which are to be performed. A knowledge of your plans adopted to ensure the faithful 356 REMOVAL OF THE CHEROKEE discharge of your duties will often defeat your objects, if known to the community in general. You may find it necessary to send trusty members of your command into various parts of the Circuit, for the purpose of collecting and reporting to you the state of the public mind in regard to our Indian relations, and other matters connected with the public service. Such duties can safely be confided to none but men of sense and firmness. Trust nothing to men who continue to excite the Indians to resist the operation of the laws of the State over them, or who encourage their appealing to other authority than that of Georgia for protection. Under all the circumstances it will be most prudent, in all cases where arrests are to be made, to obtain warrants from some judicial officer, charging the person to be arrested with some crime, and at the same time to be attended by a civil officer, duly authorized to execute such warrant. Thus you will, in most cases of arrest, only aid the civil officers who have warrants authorizing them to make arrests. Persons, however, who have committed crimes, and who would probably escape without an immediate arrest, or in cases of violence on the part of any Indian or Indians, or in cases of resistance to the laws of the State, must be con- sidered cases of exception to the general rule of obtaining a warrant and civil officers. You may safely arrest all persons who may be found in the commission of offenses against the laws of the State ; but when the information comes from others, require warrants, and take authority and arrest in the presence of a civil officer. Should any resistance to the laws of the State become so formidable as to render you unable to suppress it by the force placed at your command, you will immediately inform me of the same by express ; and in the meantime call in the aid of any regiment or regiments of the militia most convenient. Make this call upon the Colonels, by issuing orders to that effect. Very respectfully yours, WILSON LUMPKIN. INDIANS FROM GEORGIA. 357 Executive Department, Ga., Milledgeville, June i8th, 1835. Maj. B. F. Curry, Calhoun, Tenn. Sir: — I have duly received your letter of the loth inst., as well as your former communications to which you refer. Your general views in relation to our Cherokee affairs coin- cide with my own. and on the most important points to which you have adverted, and particularly that of the organi- zation of a military force, I have a train of measures now in preparation to carry into effect that object. I cannot conceal from you how deeply I regret the present state of things in relation to our Indian affairs, as they now seem to exist (from your letter) in your immediate neighborhood. Be assured that, if your apprehension in regard to the mischievous influence of Ross and his friends, and its danger- ous extent, be well founded, that influence ought and must be promptly checked. If the Rosses are permitted to control, or influence in any degree, the forces of the United States stationed in the Cherokee country, then, indeed, will that mili'tary arm of the Federal Government be wielded to the destruction of all the plans and efforts of the Executive Department of that Government. Until the reception of your letter I had not the slightest apprehension of your want of ample and full power to govern these troops. I protest against these troops remaining in the country a single day, if there be the least just grounds to suspect either officers or men with a spirit of hostility to the policy and measures of the Federal Government in regard to the removal of the Indians. In determining to organize a force in Georgia for the protection of the Indians who are friendly to the late Treaty, as well as our exposed white population, I calculated most confidently on the cordial co-operation of the United States forces in arresting murderers and outlaws, and thus aid in bringing to justice offenders who have long remained unpun- ished ; and have intended to address you on that subject previous to the reception of your letter. But unless you or some other person, in whom I have entire confidence, have the command of these troops, I want nothing to do with them. No man who is suspected of siding with the Ross party ought to remain in that country a single day, with the arms of the Government in his hands. If your apprehen- 358 REMOVAL OF THE CHEROKEE sions be well founded, mischief will inevitably result from these troops remaining in the country, and the sooner they are removed the better. I would most cheerfully, and at once, comply with your suggestion in regard to the command of these troops being transferred, &c., but for the fact of not feeling myself at liberty, from the tenor of your letter, to use the facts which you communicate. I, therefore, can say nothing to the President upon the subject of your letter, unless I am first authorized by you to do so. I perceive the delicacy of your position, but you must at once perceive that my position forbids my intermeddling with the command of these troops, unless I have authority to predicate my suggestions upon. I am, very sincerely yrs., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, July 23, 1835. Col. Wm. N. Bishop. Dear Sir : — I have had the satisfaction of reading your letter of the 14th inst. In contains much that is interesting, and will be useful in aiding my further efforts to promote the public interest. Your arrangements, as far as you have communicated them, appear to me to be judicious, and merit my approbation. Immediately after you left here, I turned my attention to the subject of procuring, with as little delay as possible, the swords and pistols deemed necessary for the service in which you are engaged ; and ascertained that there could be procured but twenty good swords and three braces of pistols within the limits of our own State. I, therefore, immediately sent to New York for the necessary supply, and am daily expecting to hear of their arrival at Savannah, from which place they will be forwarded here with all practicable dispatch. The twenty swords and three pairs of pistols are here, and ready at your call, and I every day hope to be able to advise you of the arrival of a full supply. As I before informed you, we have plenty of good mus- kets and cartridges here which await your call. Musket flints have been ordered, but have not yet arrived. The first moment after we receive all the articles here which you need, you shall be advised of the fact. When you send, make out a bill of all you want, specifying the number of each article, and it shall be filled, if possible. Previous to the INDIANS FROM GEORGIA. 359 reception of your letter I had heard through Maj. Curry and Col. Nelson of the violence of Ross, in endeavoring to prevent the census of the Indians from being taken, and, through Mr. Curry, I had also heard of the outrage com- mitted on Col. Turk, and others, by the Ross or hostile part of the Cherokees. These acts of violence beyond our limits do not come under our jurisdiction, and we can only aid (should it be necessary) in apprehending these offenders in cases where they may happen to be found within the limits of our State. The measure of taking the census is a measure of the Federal Government, with which we have no right to interfere, unless opposition to it should be carried to an extent of personal violence, threatening the safety of our citizens, or the peace of our community. It is always best to keep within the bounds of our respective official spheres — usurping no power or authority — but promptly and fearlessly discharging our obvious and well defined official duties. You have the undoubted right, how- ever, to suppress all violent measures on the part of Ross and his party, let that violence arise from whatever cause it may— when on the soil of Georgia, he must be made to know that he is answerable for his peaceable and good behavior. Moreover, he should be held accountable for all acts of violence committed by the ignorant Cherokees, sup- posed to be instigated by him in opposition to the laws of the State. I hope you will continue to keep me constantly apprised of your movements and operations, as well as your own wants. I am, sir, very respectfully, yr, obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Ga., June 24, 1835. Col. W. N. Bishop. Sir : — In anticipation of the general meeting of the Cherokees at New Echota — when the late Treaty will be presented by the Commissioners of the United States for the acceptance or rejection of these people — I have thought it best to apprise you in due time that it will be expected of you and your entire force to attend that meeting. On your arrival at that place, you will report yourself to the United States Commissioners, and inform them that you are instructed by me to communicate to them the deep interest which I feel in the sviccessful issue of their mission, and of 36o REMOVAL OF IHE CHEROKEE my disposition to render any aid which may be within my control to further the views of the Government under which they act, in regard to the policy and measures which relate to the Cherokees. Moreover, you will apprise them of your instructions to attend the contemplated meeting, with the force under your command, for the purpose (if necessary) of aiding said Commissioners in preserving peace and good order amongst all persons who may attend said Treaty, whether they be whites or Indians. And. in case of any disorderly or riotous conduct, you wdll be vigilant and careful to aid and assist the civil authority in suppressing the same. You will be particularly careful to impress upon your men the importance and absolute necessity on their part of conducting themselves with the greatest propriety and exemplary good order and cheerful obedience to your com- mands. No just occasion must be given by any individual under your command for the complaint of any individual whatever. It will be a most favorable occasion for you and your men to make a deep impression on the minds of all your beholders, that the object of your command is the preserva- tion of peace and good order, and you are not to be consid- ered as a terror to any but evildoers. I am, very respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, August i6, 1835. CoK Wm. N. Bishop, Agent, Spring Place, Ga. Sir : — I have had the satisfaction to receive your letter of the 5th instant, enclosing your weekly reports up to the 26th ult. The information you give me in relation to our Cherokee affairs corresponds with that which I had pre- viously received from Maj. Curry and Mr. Schermerhorn. Both of these gentlemen speak in the most flattering terms of the ability and prudence with which you have thus far discharged the duties of your agency, and of the good conduct of the men under your command, Mr. Schermerhorn expresses his entire conviction of the utility of your com- mand, and adds that you have already done much good in advancing the object of Indian emigration. I have entire INDIANS FKOM GEORGIA. 361 confidence in the character of Mr. Schermerhorn, as well as that of ]Maj. Curry. I do, however, very much regret the anticipated delay in effecting a final arrangement with the Cherokees. I did entertain the hope that the business would be brought to a final close before the expiration of my present term of office — not that I consider a final adjustment of any great consequence norv to the people of Georgia, or because I believe a treat}- would add anything to my own fame ; but my strongest and most ardent desire arises in true philan- thropy to these deluded Indians, who have so long been the dupes of John Ross and his white co-workers and lawyers. Since I came into the Executive chair, by my special recommendations, and at my special responsibility, thrown on me at every stage of our legislation, I have moved straight forward, until the Cherokee part of Georgia has been changed from a howling waste of savage bands and wild beasts to that of a settled and cultivated country, populated by thousands of civilized men, now enjoying all the blessings of our Constitutional Government. Having effected all this without a treaty, why should Georgia, upon selfish considerations, care about a treaty? What remains to be done, so far as Georgia is concerned, can be better done by state legislation than any treaty. I shall do my duty, and recommend the proper measures to the next Legislature, and trust that the representatives of the people will also do their duty. T wish you faithfully to co-operate with Mr. Schermerhorn and Maj. Curry, but I shall not interfere with the details of any plans which are to be consummated after the first day of November next. The guns, pistols, swords and ammunition are here, awaiting your order, of which you have been notified some days ago by one of my secretaries. Continue to keep me apprised of your operations, as I take much interest in the details which you have heretofore given me. Very respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, August 24, 1835. Col. Wm. N. Bishop, . Agent. Sir : — I have this day caused to be delivered to Samuel Weir forty good muskets and accoutrements, sixty brace of 362 REMOVAL OF THE CHEROKEE horsemen's pistols, sixty swords, one box (840) cartridges, one keg (28 pounds) powder, one hundred pounds of bar lead, and 500 of the best flints in the arsenal, for the use of the guard under your command. I regret that your written and specific order did not, as I had requested of you, accompany the application for these articles ; but, from the statement of Air. Weir, T cannot entertain a reasonable doubt of his application being made under your direction, and, therefore, send the articles, trust- ing their safe delivery to the confidence I repose in the applicant, and have to request that you will acknowledge their receipt at the earliest day. I have exercised my best judgment in anticipating your wants in the absence of any specification from you, and have sent them accordingly. Upon opening the box containing the pistols, I was astonished to find no holsters. It is a strange and singular omission, for which I cannot account ; but, under all the circumstances, I concluded it was best to send the pistols on, and hope you may be able to find a workman in your country who can make such holsters and coverings as may answer your purpose. From their appearance, I hope you will find the articles sent of a good quality. Mr. Weir states to me that you promised to write me in time for his arrival at that place. I have received no such communication. Should it come to hand, it shall be acknowdedged. If Mr. Weir does his duty faithfully, you ought to pay him a fair price for the number of days he may be engaged in your employ. As the articles will fall short in weight of making an ordinary load, I have sent you sixty, instead of forty, brace of pistols, and sixty swords. You will take care of those you do not immediately use. Since writing the foregoing, T have received your communi- cation, by the hand of Mr. Underwood, which will be imme- diately answered. Very respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, August 26, 1835. Mr. Elias Boudinot, New Echota, Ga. Sir: — Your letter of the igth inst. is before me. In reply, I have to inform you that lot No. 124 in the Fourteenth District and Third Section has not been granted. i\pplication INDIANS FROM GEORGIA. 363 for the grant has more than once been made, but believing, as I did, that the grant could not issue without violating the true interest and spirit of the laws of Georgia, I have withheld the grant. Therefore, the intrusions which have been made upon your rights, as secured to you by the laws of Georgia, are illegal, and deserve the punishment of the law. It is, however, the duty of the Judiciary, and not the Executive, to sustain you in your rights. I will, however, write to Col. Bishop, the present Agent, on the subject, in the hope that he may be able to render you some service, as I very sincerely regret that any citizen of Georgia should, under such circumstances as exist in the present case, be so lost to every principle of justice and humanity as to rxt oppressively to yon, or other Cherokees, under similar circumstances. I will herewith enclose to your care my letter to Col. Bishop, and leave it open for your perusal. Very respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, August 26, 1835. Col. Wm. N. Bishop, Agent. Sir : — In compliance with your request contained in your letter of the 19th inst., by the hand of Air. Underwood, I have drawn a warrant in your favor for the sum of five hundred dollars, also one in your favor for Mr. Weir for one hundred and thirty dollars, that being the amount you have agreed to pay him for the transportation of the arms, &c. I am gratified to learn that you are actively engaged in every part of the country embraced in your command, and of the service in which you are engaged. I some days ago heard of the apprehension of Took, the murderer. Your statement coincides with the information previously received. I entirely approve of your having arrested Adair and his associates for a violation of our laws, by assuming official functions under Cherokee authority. But of this matter the Judiciary must determine. It is evident that Adair and his associates must be acting under the authority of Ross, but you may fail to procure the necessary proof before the court. They certainly have no authority for their insolent assumptions, either from the 364 REMOVAl, OF IHE CHEROKEii Federal or State Government. It appears to me your proper course would be to take these men before a civil officer, and have them bound for their appearance at the next Superior Court, to answer for the allegations set forth in your letter, and that it will be the duty of the Solicitor General to prosecute, &c. I am wholly opposed to the idea of Judge Underwood having any official agency with Cherokee con- cerns whatever, because I believe him to be entirely unworthy of public confidence in this or any other matter whatever. He is an instrument I would not use on any occasion whatever, even to efifect a public good, so long as I could find an honest man in the country. From all I have been able to collect, from every source, I see no immediate pros- pect of the Cherokees accepting the Treaty. Indeed, from the communications which I have received from Maj. Curry and Mr. Schermerhorn, I have lost sight of a treaty before the first of November, when my term of office will expire. Therefore, as far as Georgia is concerned, I feel entirely indifferent whether the Cherokees ever enter into a treaty or not. I no longer look to the Federal Government, or its agents, to relieve Georgia from her Cherokee perplexity. All that has been done towards ridding the State of this troublesome population has been done by State authority ; and what remains to be done we must rely upon ourselves. I shall do my duty to the last moment of my official term. If the approaching Legislature sustain my views, Georgia will be entirely relieved from her Indian population. Do your duty firmly, but do not transcend your legal bounds, or my instructions. Respectfully, yr, obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, August 26, 1835. Col. W. N. Bishop, Agent. Sir : — I have this day received a letter from Mr. Elias Boudinot, on the subject of the lot of land embracing his present residence, in which he complains of intrusions already having been made on his rights, and of further prospective aggressions. This lot of land. No. 124, in the Fourteenth District and Third Section, has not and cannot be legally granted. I, therefore, have to request that you will, without delay, investigate this case, and use your best INDIANS FROM GEORGIA. 365 exertions to have speedy justice done to Mr. Boudinot. It would be a disgrace to the State to permit the legal rights of this man to be trampled on by unprincipled white men. If you cannot legally interfere with the case, as Agent, you are hereby authorized to institute such judicial proceedings as will sustain the rights of Mr. Boudinot, at the expense of the State. Very respectfully, &c., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Sept. 17, 1835. Mr. John Ridge, Head of Coosa. Dear Sir : — I have received your favor of the 7th inst., signed by yourself, as well as the emigrating and appraising agent. After duly considering the same, I have to state in reply that, as far as official obligations would permit, I have, from the time I entered upon the duties of this office, endeavored to keep up a harmonious action between the State and Federal Governments upon all subjects, and especially upon the subject of the relations of Georgia with the Cherokees. I shall continue to do so. If I understand, however, the object of your present communication, it will require legislative and not executive interposition to meet the case presented in your letter. I am bound by the highest obligations to execute the laws as I find them, and, until changed by the Legislature, I cannot stop the execution of a law, although I may regret the effects of its operation. If the late Treaty proposed to the Cherokees could have been accepted by your people before the meeting of the approaching session of the Legislature of Georgia, I should have felt myself in duty bound to have urged most earnestly upon the Legislature such enactments as should have secured to the Cherokees all the advantages in regard to time and other things which a fair construction of the Treaty would authorize them to expect ; but I have discovered a spirit of opposition, procrastination, and obstinacy on the part of those who seem to have the destiny of a majority of the Cherokees in their keeping that, I confess frankly to you, has produced a conviction on my mind that, under all the existing circumstances, the Government of Georgia, as well as that of the United States, should at once convince the 366 REMOVAL OF THE CHEROKEE Cherokee people of the impotency of John Ross and his associates. I have held correspondence with Mr. Schermerhorn, Maj. Curry, Col. Bishop, and others, on this subject for months past. I see no certainty of any desirable result. Every thing appears to be vague and uncertain. The best interest of the Cherokee people, as well as the whites, demands that the subject should be brought to a close ; and it must and will be done, so far as Georgia is concerned. Permit me, in conclusion, to assure you of my entire confidence in the zeal, ability and patriotism with which you have labored to promote the best interest of your people. Sir, you and myself have no object in view, in the final adjustment of all difBculties between our people, except it be their good, their peace, their happiness, and prosperity. But other and very different motives influence those who are endeavoring to procrastinate and lengthen out the embarrassing perplexities which we have to encounter. If any thing definite is agreed upon before the meeting of the Georgia Legislature, the interest of all concerned requires that it should be communicated to this Department. I am, sir, very respectfully, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Sept. 26th, 1835. J. F. Schermerhorn, Esq., Commissioner, Calhoun, Tenn. Sir : — I have the honor to acknowledge the receipt of your favor of the 15th inst., and thank you for the informa- tion and suggestions it contains. You will please keep me advised of the state of afifairs in connection with your official duties up to the meeting of the Legislature, on the ist Monday in November next, and I will endeavor to make the best use of all the information derived, in furtherance of the very desirable and important object of bringing to a final and equitable issue our perplexed Indian relations. I am much gratified to find from the tenor of your letter, and other correspondence, that the speedy acceptance of the Treaty by the Cherokees is becoming more probable. So far as regards the interest of this unfortunate remnant, it is of great importance to them that what they do should be done quickly. INDIANS FROM GEORGIA. 367 Prompt action on their part would enable me to effect much in guarding their interest while they remain in Georgia, and in making the necessary preparations for emigration. If they would accept the Treaty at once, every indulgence guaranteed to them in that instrument would no doubt be secured to them by the legislation of the State. But, sir, under all the circumstances, they may rest assured that the idea that the people of" Georgia will any longer submit to the annoyance of John Ross and his associates is wholly preposterous. The list of reserves, as requested by you, was forwarded without delay. The case of Mr. Boudinot has been duly attended to, by giving the proper instructions to Col. Bishop. In every case the rights of the Cherokees, as recognized by the laws of Georgia, will be scrupulously respected and guarded, as far as the power of this Department may extend. With great respect, yr. obt. servt., WILSON LUMPKIN. Executive Department, Ga., Milledgeville, Sept. 26, 1835. Col. Wm. N. Bishop. Dear Sir: — I have duly received your favor of the i6th inst., accompanied by your weekly reports, &c. Your letters give me much detailed information which will be useful, and I hope you will continue to keep me advised of every important matter connected with your ofificial duties up to the meeting of the ensuing Legislature. I was gratified to learn the case of Mr. Weir, and the letters and money entrusted to the care of Mr. Underwood, had been duly received by you. Your arrangements and proceedings in connection with your ofificial duties, as reported in your letter, appear to be judicious, and have my approbation. I am much pleased to learn that the views which I enter- tain, and the course which I have pursued, is effecting a salutary change in the feelings of many of the Cherokees and are appreciated, and I shall certainly persevere in the policy which I have heretofore suggested to you to the termination of my official functions. Before this reaches you, I hope you will have attended to the case of Mr. Boudinot, and that you will, in every case, be particularly vigilant to see that 368 REMOVAL OF IHE CHEROKEE justice is done to the well disposed portion of the Cherokee people. Very respectfully, yr. obt. servt., WILSON LUMPKIN. Having extended the selections from my official corre- spondence, while in the Executive Office of Georgia, far beyond the point which I had anticipated when I entered upon the work of making these selections, I deem it proper to make the following explanation : Unimportant and uninteresting as many of these letters, when read single and alone, will doubtless appear to most readers, yet, when read in consecutive order, as I have arranged them, no attentive, sensible reader will fail to see their connection from the beginning to the end of my official labors as Governor of Georgia. It will be seen that each and every day brought with it arduous, complicated and variegated labors, such as have rarely fallen to the lot of any Governor of any State of the Union. These letters contain the official, uncontroverted evidence of the manner in which these duties were disposed of. Moreover, they are indispensable to sustain the chain of Georgia's history in connection with her Indian affairs for four of the most trying and critical vears of her whole history in connection with her Indian affairs. This was the period which tested the question of sover- eignty between one of the States of the Union and the aboriginals of the country. This was the period when the great political party opposed to the administration of Gen. Jackson took sides with John Ross and his followers, in favor of Cherokee sovereignty within the limits of Georgia and other States. This party, too, was aided, countenanced, and encouraged by a majority of the Judges of the Supreme Court of the LTnited States. This was the period, too, which tested the strength, success, and practicability of carrying into effect the emigration plan. Hence, the necessity of giving to the reader, somewhat in detail, the progress of these four years. The numerous letters written to Gen. Cofifee, Col. Bishop and other agents of the Government of Georgia, under the authority of the then existing laws, and to many other individuals, may, to the superficial reader, appear to be monotonous, and exhibit very much sameness in sub- stance, but, when critically examined and scrutinized, every INDIANS FROM GEORGIA. 369 letter will be found to contain something different from all others, and, at the time, highly expedient and necessary to have been communicated. Moreover, they are necessary links to the one unbroken chain, the first link of which I had attempted and succeeded in forming, in the House of Representatives of the United States, in the year 1827, by obtaining an appropriation of $15,000 to defray the expense of Commissioners appointed to explore and find a suitable country for the Indians, then in the several States, in the wild lands of the West. The labor of these years was much more hazardous, delicate, and difficult, because most conscientiously performed, as I have always declared. No man among the living more ardently sought to benefit the Indians than myself. While I viewed John Ross and a few of his prominent followers as very selfish, bad men, the Ridges, Boudinot and many others had gained my confidence as high-minded, honorable and patriotic men — men devoted to the best interest of their people ; men whose civilization and intelli- gence justly entitled them to a place in the confidence and brotherhood of the first statesmen and philanthropists of the age. Therefore, persevering as I was in all my official duties, I was sometimes almost paralyzed in my progress on account of the necessity of doing justice to and guarding so many conflicting interests at the same time. Should any of my survivors ever take the time to make themselves fully acquainted with the history of Georgia during the four years of my Chief Magistracy, and examine critically all my official acts, I feel assured that their minds will be impressed, as mine now is, while I write these pages, that God, in His wisdom, accomplishes His purposes by means of His own choosing; that the glory, power and wisdom shall be ascribed to His own name and not to the humble instrumentality of poor, mortal, erring man. In all these matters I only claim to have been the clay in the hands of the potter. END OF VOI^. I.