The McIntosh Inn and its place in Creek Indian history, Butts County, Georgia [1976]

THE MCINTOSH INN AND ITS PLACE IN CREEK INDIAN HISTORY
BUTTS COUNTY, GEORGIA
by
Sherry L. Boatright

Copyright

State of Georgia Department of Natural Resources Office of Planning and Research
Historic Preservation Section

1976

FOREWORD
The tavern whose history this report seeks to document has been associated primarily with one man, William Mcintosh. The structure was built in the Indian Springs Reserve, on land granted to the Creeks by the treaty signed at Indian Springs in 1821. The tavern appears to have been the site where the infamous Treaty of 1825 was signed.
Originally, the orientation of this report was to have been focused upon William Mcintosh, his involvement with the inn and the treaties signed at Indian Springs. Following the presentation of the statement of significance on the site, however, the Historic Preservation Section saw fit to alter this orientation. Since no information had come to light on Mcintosh's involvement with the building or actual operation of the inn, as well as the recognition that Dr. James C. Bonner's published biographical narrative on Mcinto"sh would make another such report monotonously repetitive, a shift in direction seemed reasonable
Realizing that the State's interest in acquiring the site through the Heritage Trust program stemmed from the knowledge of the role this inn played in the history of the Creek Indians, and that no where in the State was this history presented, it was decided to concentrate a major section of the report on the culture of the Creeks, and especially the changing of this culture as a result of contact with European and American culture, of which process the "Mcintosh Inn" is an example. Therefore, this report begins with a discussion of the acculturation of the Creek Indians, to be followed by a section dealing with the Treaty of 1825 and its aftermath.
S.L.B. Atlanta, Georgia July 20, 1975
- 1-

TABLE OF CONTENTS

FOREWORD

. t!

Page 1

I. A BRIEF SKETCH OF EARLY CREEK CULTURE

The Early Contact Period ..................................... 2

The Late Contact Period

14

II. THE DEMISE OF THE CREEKS IN GEORGIA: THE FINAL TREATIES

41

Postscript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

III. A NARRATIVE CONCERNING THE OWNERS OF THE MCINTOSH INN

AFTER 1828, INCLUDING DEED AND TAX RECORDS ....

89

IV. BIBLIOGRAPHY

107

V. PHOTOGRAPHS

118

VI. APPENDIX ...... ... ....................................... . A-1

A BR!EF SKETCH OF EARLY CREEK CULTURE

2
A BRIEF SKETCH OF EARLY CREEK CULTURE The Early Contact Period
It has been said, by definition, that "acculturation comprehends those phenomena which result when groups of individuals having different cultures come into continuous first hand contact, -with subsequent changes in the original culture patterns of either or both groups. ul In order to recognize and discuss such post-contact phenomena, it would be necessary to possess a knowledge of the original cultures under consideration. Since most readers are, to some extent at least, familiar with the European~American culture which came to domonate the Creeks, it is only feasible here to present a brief sketch of Creek Indian culture during the early phase of subjugation by Europeans and then to discuss further the increasing intensity of that contact. 2
John R. Swanton suggested that the population of the Creek Confederacy in 1700 was about 7,000 individuals, who occupied, approximately, the southern two~thirds of present-day Georgia, as well as much of eastern and central Alabama. 3 In the introduction to his Early History of the Creek Indians and Their Neighbors, Swanton said, by definition:
It was found that a satisfactory study of the Creek Indians would make it necessary to extend the scope of this work so as to consider all of the eastern tribes of the Muskhogean stock as well as the Indians of Florida.4 Swanton then proceeded with a definitive documentary history of about 40 tribes, most of whom were associated at some time with the Creek Confederacy. For our purpose;, however, only a general understanding of this broader

3 grouping is necessary. In defining the Creek Confederacy, he stated:
This name [Creek Confederacy] is given to a loose organization which constituted the principal political element in the territory of the present States of Georgia and Alabama from very early times, probably as far back as the period of De Soto. It was built around a dominant tribe, or rather a group of dominant tribes called Muskogee. [Note: Swanton says the meaning of the word Muskogee is unknown, but is perhaps from Shawnee and has reference to "swampy ground."] The name Creek early became attached to these people because when they were first known to the Carolina colonists and for a considerable period afterward the body of them which the latter knew best was living upon a river, the present Ocmulgee, called by Europeans 'Ocheese Creek.' The Creeks were early divided geographically into two parts, one called Upper Creeks, on the Coosa and Tallapoosa Rivers; the other, the Lower Creeks, on the lower Chattahoochee and Ocmulgee... The dominant Huskogee gradually gathered about them -- and to a certain extent under them -the Apalachicola, Hitchiti, Okumlgee, Sawokli, Chiaha, Osochi, Yuchi, Alabama, Tawasa, Pawokti, Muklasa, Koasati, Tuskegee, a part of the Shawnee, and for a time some Yamasee, not counting broken bands and families from various quarters. The first seven of the above were for the most part among the Lower Creeks, the remainder with the Upper Creeks. 5
Native Creek legends tell of a western origin and an early migration east-
ward across the Mississippi and into the Southeast, where the tribes who came to
be called Creeks gradually subdued the inhabitants and took possession of the
country. Developing a typically Woodlands culture, dependent upon hunting and
agriculture, they remained in approximately the same territory until 1733, when
Georgia was colonized. At this time, the Indians began ceding portions of their
territory to the colony, a process that continued for a century, at the termination
of which all of their lands east of the Mississippi were lost to them.
According to the journals of Cabeza de Vaca and chronicles of De Soto's
travels, the Indians of Georgia, Florida and Alabama in the 16th century had
varied levels of prosperity. De Vaca told of tribes which if not under
Creek influence during the time of his visit almost certainly were later, men-
tioning Indians who were very poor, living off roots alone for long periods, as
well as more prosperous villages with cultivated patches of maize. Describing
a village he called Apalachen, which was perhaps on the Apalachicola River, he

4
stated:
We found there plenty of ripe maize ready to be gathered and much dry corn already housed. We also found many deer skins and among them mantles made of thread and of poor quality, with which the women cover parts of their bodies. They had many vessels for grinding maize. The village contained forty small and low houses reared in sheltered places, out of fear of the great storms that .continuously occur in the country. The buildings are of straw, and they are surrounded by dense timber, tall trees and numerous water pools, where there were so many fallen trees and of such size as to greatly obstruct and impede circulation.6
De Vaca undertook his expedition in 1527, traveling from Florida to north-
western Mexico, while De Soto, whose journeys occurred between 1539 and 1542,
traversed Florida, Georgia, Alabama, and finally the Mississippi River, where
he died. In the Gentleman of Elvas' account of DeSoto's travels, he described
a village called Toalli, which Swanton suggested was in southern Georgia.
Elvas gave a clear description of the summer and winter houses, as well as the
clothing of the early Creeks:
The houses of this town were different from those behind, which were covered with dry grass; thenceforward they were roofed with cane, after the fashion of tile. They are kept very clean. Some have their sides so made of clay as to look like tapia. Throughout the cold country every Indian has a winter house, plastered inside and out, with a very small door, which is closed at dark, and a fire being made within, it remains heated like an oven, so that clothing is not needed during the night-time. He has likewise a house for summer and near it a kitchen, where fire is made and bread baked. Maize is kept in barbacoa, which is a house with wooden sides, like a room, raised aloft on four posts, and has a floor of cane. The difference between the houses of the masters, or principal men, and those of the common people is, besides being larger than the others, they have deep balconies on the front side, with cane seats, like benches; and about are many barbacoas, in which they bring together the tribute their people give them of maize, skins of deer, and blankets of the country. These are like shawls, some of them made from the inner bark of trees, and others of a grass resembling nettle, which, by treading out, becomes like flax. The women use them for covering, wearing one about the body from the waist downward, and another over the shoulder, with the right arm left free, after the manner of the Gypsies: the men wear but one, which they carry over the shoulder in the same way, the loins being covered with a bragueiro of deer-skin, after the

5 fashion of the wooden breech-cloth that was once the custom of Spain. '}:he skins are well-dressed, the colour being given to them that is wished, and in such perfection, that, when of vermilion, they look like very fine red broadcloth; and when black, the sort in use for shoes, they are of the purest. 7
Hunting was a primary method of obtaining food and raw materials and a
major orientation of the Creek men, alon~with war. Deer was the favored ani-
mal, but bear, buffalo and smaller game were also pursued. Hunting expedi-
tions occurred during the winter months, and often entire villages were
deserted during this time. Thus, the men provided meat for food and skins for
clothing, sometimes performing the initial steps in preparing skins. They were
also mostly responsible for ceremonial affairs, as well as making structures, canoes, and all the utensils and weapons used in hunting, construction and war.
Horses were unknown until the appearance of the Spaniards.
The introduction of horses caused no such revolution as it did in the life of the Plains Indians, because it was not practicable to employ horses in hunting. There were few bison and the deer could be killed more easily without them. Their most important use was in bringing home from camp meat collected during annual hunts. 8
Swanton also suggested that:
Lack of domestic animals of economic value and absence of any knowledge of the uses of fertilizers prevented these states from attaining the stability necessary for an advanced civilization ... It was difficult to preserve them [the towns] in the same place for many years owing to the exhaustion of the soil and of accessible supplies of firewood.9
Cultivation of corn, beans and squashes provided the other principle
source of food. Preparation of the soil for planting was often a communal
effort of the entire village, but most of the agricultural work was done by
women. Lookouts, often young boys or old women, were stationed in fields to
ward off animals, and at harvest time, families usually gathered from specific
plots, although everyone contributed to a communal store of food which was

6
used when individual supplies ran short, for visitors, or for expeditions.
Women were also responsible for cooking, making clothing, pottery, bas-
kets, spinning and weaving animal hair and bark, and other responsibilities
included gathering nuts and other wild food and preparing it for consumption.
Creek social organization was based upon matrilinear descent, and numer-
ous totemic clans were in existence; in fact, Swanton collected names of
approximately 50. The Wind Clan of the Creeks seems to have been the most pres-
tigious in the ranking, followed by Panther, Deer, Bear, Raccoon, Aktayatci,
Alligator, Bird and Beaver.
The only Creek who wrote a narrative concerning the tribe in the early 19th
century, George Stiggins, said of clan organization:
The strongest link in their political and social standing as a nation is in their clanship or families. By their observance of it they are so united that there is no part of the nation detached from another but [they] are linked, harmonized, and consolidated as one large connected family, for by their family prescribed rules there is no. part of the nation in which a man can not find his clansmen or their connection .. All the clans in the nation take their family descent from the mother, being of the same family as the mother, and can only take part with that family. The father and his clan or family are only the father family to the children and he and his clan or family have no legal say or interest in the children's family concerns .10
l
Another important social division among the Creeks separated clans
into moieties, one being called Hathagali ("white people") and the other,
Teiloki ("people of a different speech"). These moieties probably had
nothing to do with marriage regulations, although one source states that, anciently, the White clans did not intermarry. 11 These Hathagali or White
clans were concerned with peace. The Teiloki with war. In James Adair's words:

7 In almost every Indian nation, there are sev~ratpeaceable towns, which are .c,alled !'old-beloved,' 'ancient, holy, ,o:rwhite towns,'
they seem to have been formerly 'towns of refqge, ' for it is not in
the memory of their oldest people, that ever h-u~n blood was shed in them; although they often force persons from thence, and put them to death ~lsewhere.12
Clan size was often increased by taking captives in intertribal wars, and
ancient customdictated that male captives be burned, while women, children and others whose lives were spared were adopted into the tribe~ Slavery was not
institutional among southern Indians, according to Swanton, but there was some-
times a condition among captives similar to slavery, which never seems to have
carried to the second generation.
Also existing among clans was a duty of hospitality which determined that
the homes of one's clan in any part of the Nation were considered one's own
home; therefore, travelers were always hot.tsed. Homes were the property of the
women, and even though a man migqt build a house, or huti, and live in it with
his family, he . used that term only for the homes of his clanswomen.
The chief political unit of the Creeks was the village, or talwa, and the
miko was the head governmental officer of each talwa. Selection of these chief
individuals within the clan varied considerably from town to town, and methods
)
included election by clan, by headmen within the clan, .by the entire town, and
by moving up through the ranks of headmen to finally succeed as chief. The
miko held the seat of honor on the village's public square and was often trans-
ported in a litter on the shoulders of his subj.ects. Bartram's definition of
the miko 's duties ,included:
He has the disposal of the com. and fruits, and gives audience to ambassadors, deputies, and strangers who come to the town or tribe, rec~:dves presents, etc. He alone has the privilege of giv.ing a public feast to the whole town, consisting of barbecued bear or fat bulls or steers, which he must kill himself; and this is called the king' s feast, or roy.;tl feast. And when he intends to give this frolic, after a successful hunt, he sends messengers to prepare the village. They display the king's standard in front and

8 at one corner of his house, and hoist a flag in the Public Square, beat drums about the town, and the il;lhabitants dress and . paint themselves, for there is dancing and frolicking all that night ,13
Anciently, women sometimes held this high office, also. The following
account was written of De Soto 's arrival in Cofitachequi, an early Creek vil-
!age that Swanton located on the Savannah River below present-day Augusta.
Directly as the governor arrived, four canoes came towards him, in one of which was a kinswoman of the Cacia [woman chief or miko], who, coming near, addressed him in these words:
Excellent Lord: My sister sends me to salute you, and to say, that the reason why she has not come in person is, that she has thought to serve you better by remaining to give orders on the other shore; and that, in a short time, her canoes will all be here, in readiness to conduct you thither, where you may take your repose and be obeyed.
The governor thanked her, and she returned to cross the river. After a little time the Cacia came out of the town, seated in a chair, which some principal men having borne to the bank, she entered a canoe. Over the stern was spread an awning, and in the bottom lay extended a mat where were two cushions, one above the other, upon which she sate [sic]; and she was accompanied by her chief men, in other canoes, with Indians ... The Cacia presented much.clothing of the country, from the shawls and skins that came in the other boats; and drawing from over her head a large string of pearls, she :threw them about his neck, exchanging with him many gracious words of friendship and courtesy. She directed that canoes should come to the spot, whence the governor and his people passed to the opposite side of the river. So soon as he was lodged in the town a great many turkeys were sent to him.l4
De Soto and his troop remained at Cofitachequi for four days, but upon
his departure, the Cacia refused his request for guides and servants for carrying supplies, "because of the outrages committed upon the inhabitants. " 15
De Soto returned her hospitality by having her placed under guard and forcing
her to walk along with female slaves as a guide for his expedition through the
remainder of her territory. Several days later, however, she left the trail
"with an excuse of going into a thicket, where, deceiving them, she so con-
cealed herself that for all their search she could not be found, "16 taking with

9 her a cane box of her pearls, which had been greatly coveted by De Soto.
The miko was also head of the tribal council and officially presided daily at the town square ground for the asi or "black drink" ceremony, which preceded any negotiations or council decisions. It was also his or her duty to appoint the time for the annual Busk, or harvest, ceremony. Since, according to Swanton, women were normally barred from most of these activities, knowledge of whether customs were changed when a woman became miko or whether she assumed all regular functions of that position would facilitate an understanding of the woman's position in that culture.
Often there were assistant chiefs appointed when the chief desired, called miko apokta (twin chief), and although his duties varied considerably from town to town, matters of local character, including especially those connected with the square ground, were in his domain. A body of persons called mikagi existed as well, usually belonging to the clan of the miko. Guardians of town districts who assisted in overseeing public planting and gathering yupon for the black drink ceremony, they were also "to admonish, regulate, and keep in peace the members of their town." 17 These officials, however, did not have a voice in the national assembly unless appointed specifically for national purposes.
Two other classes of officials formed the miko's council: the henihalgi and the isti atca gagi. The henihi served as a spokesman, making announcements and giving talks at the busk grounds. The isti atca ~, revered or beloved men, were, according to Hawkins, "great men who have been war leaders, and who although of various ranks, have become estimable in a long course of public service."18 These have also been referred to as the "brains of the busk" (i.e., they were responsible for planning the entire ceremony). 19
Generally, there were three classes of war officials as well, which were the tastanagalgi, the big imalas and the little imalas, with these positions being earned due to feats performed in battle. The leader of the tastanagis

10 was k nown as tastanag1. 1~ k or b1. g warri or. 20 These officials, as war lead-
ers, were responsible for announcing that intention whenever it was decided
upon in council. Also among their duties were responsibility for the ball-
game, which was called "the brother of war, "21 and for police-like activities,
carrying out the decisions of the miko, and punishing offenders. Lesser war
officials were the tasikayalgi, these being the common warriors who had received
a war name for taking a scalp but meriting no further promotion.
Above this talwa, or village governmental organization, there existed a
Creek Confederate Council which met annually to decide issues of national con-
cern. The most specific early description of this assembly meeting was given
by a Frenchman, Jean Bernard Bossu, who lived in the area, from 1757 - 1762:
These people hold a general assembly annually in the principal village or the chief place of the nation; there is a great cabin made expressly for the purpose; each one places himself there in accordance with his rank, and has a right to speak in his turn according to his age, his capacity, his wisdom, and the service which he has rendered to the fatherland.
The Grand Chief of the tribe opens the session in a speech which recounts the history or the tradition of their country; he recalls the military exploits of his ancestors who have signalized themselves .in the defense of the fatherland, exhorting his subjects to imitate their virtues ....
The chief having stopped speaking, the oldest noble man rises, salutes his sovereign, and makes a speech, his body bare to the belt; the water runs from all parts of his body on account of the heat and the action which he puts into his declamation, with natural gestures and metaphors which express his thought; he persuades his hearers to believe all that he says by the force and eloquence of his speech. Nothing is more instructive than these assemblies; one hears no chatter there, no indecency, no misplaced plaudits, nor immoderate laughter. The young people are very circumspect there, and attentive to listen with respect to the words of the old men, persuaded that it is for their good.22
Stiggins, writing in the early 19th century, suggested that the power of
the national council was, in reality, very limited.
The form of government under which they live is a tyrannical oligarchy in its principles and practiced under that head to the full

11
extent. At a slight view the most .of people suppose and say that it is a democracy on republican principles but it is far different, for a~l public business whether of a national or private character is done by the chiefs. Though the nation is summoned in what is termed their grand council, when the state of the nation is supposed to l;>e examined into, and their oral laws made, the assembly say not a word in the matter. For while in their sittings the assembled body of the nation sit as mutes, without being consulted in any manner until a few chiefs in their council house make the laws for their government without condescending to ask an opinion or approbation in any case, the national body being merely convened to hear what is done, for after a law is digested by the chiefs the national convention is informed of its tendency . 23

The relati:ve prestige of the various towns . in the national council apparently was in constant flux, and the number of towns present at councils varied greatly, as well as the representation from the Upper and Lower divisions, which was ~arely equal. This influence of the various towns became critical in
24 the struggle which developed in the early 19th century over Creek lands.
A1 though the origins of the Creek Confederacy are buried with those who created it, its development may be traced from the sources extant from the 16th through the 19th centuries [See De Soto, De Vaca, Bartram, Hawkins, etc., in the bibliography]. Swanton, who studied Creek history most thoroughly, wrote:

In De Soto's time the Kasihta and Coosa, the representatives of

the Lower and Upper Creeks, were noteworthy and powerful tribes,

but only . to a certain extent superior to many others, such as the

Utina, Poteno, and Apalachee of Florida, and the Chiaha, Tali,

Mobile, and many more further north. It is even uncertain whether

at that date any sort of confederacy existed. As time went on,

however, the Florida tribes were destroyed or scattered, and the

same fate overtook the Yamasee, the Indians of the Georgia coast,

and the smaller tribes in the neighborhood of South Carolina. This

served to increase the power of the Creeks proper, both by weaken-

ing that .of their neighbors and by causing many fugitive tribes to

unite wlth them and add to their fighting force. Leaving out of

consideration the Hitchiti, Alabama, Koasati, and Tuskegee, who

were incorporated almost before the dawn of clear history, we have

very exact information of the incorporation of the Yuchi, whi ch had

formerly been an independent and hostile tribe, of part of the

Shawnee, and of the remnant of the Natchez. This system of adop-

tion resulted in the strengthening of the confederacy about in pro-

portion to the weakening of its neighbors until finally but one

tribe remained, the Choctaw, able to contend with it on anything

like equal terms. 25



12 EarJ,.y Greek law tended to be extremely strict. The retali' ation principle was considered necessary in the case of murder to placate the souls of the dead, and the family of the victim (specifically, the b rather or nearest male relative) was expected to avenge the deceased. This attitude was often carried to such e~tremes that even accidents were punished as if they had been intentional. Adultery was punished most severely, also. Beating, cropping of hair and cutting of ears . of both parties was often resorted to in this matter, although sexual freedom for both sexes before marriage was condoned. Theft does not appear to have been a problem among the Indians before white contacL Most inferior crimes were punished by whipping, or sometimes by confiscation of property, with "dry-scratching" being inflicted upon children and adults which sometimes left scars that lasted a lifetime. The aboriginal division of the year was into two seasons: summer and win. ter. In marking this division a sacred harvest festival .was held, the time for
' \ which was determined by the ripening of the corn. This varied from village to village, but usually occurred in July or sometimes as late as August. Called the Busk ceremony, or Boskita, it heralded the beginning of the new year and was thus a festival of renewal.
At the time of this ceremony, all the fires in the village were extinguished and new fires started; women would break all the previous year's household utensils and replace them with new ones; and worn clothes and other articles were replaced as well. New war names were also conferred on those who had earned such honors, and grievances and crimes were forgiven; in fact, Adair called the ceremony "the grand festival of the expiation of sin." 26
The festival lasted from four to 12 days, there being specific rituals, dances and fasts performed each day. Swanton gave specific descriptions of the ceremonies of different towns, often related to him from old Creeks who still

13 remembered the customs, but here, a general description is sufficient:
The Busk with its fire, its medicines, and its ceremonial was a great unifying element between the several members of the Creek confederacy, all the tribes which united with it either adopting such a ceremonial or altering their own to agree with it. And further than that it was a special unifying institution within each town, bringing all together for a definite purpose in which the good of each and the good of all were bound up. All transgressions, except some forms of murder, were then forgiven, all disturbances adjusted, and thus the unity and peace of the state reestablished ... Thus the Busk is supposed to be a great peace ceremonial, 'the white day,' the square ground is considered 'the yard of peace,' white feathers are used there, and its white smoke is intended to reach the sky.27
The supreme deity of the Creeks was associated with the sun or sky and
has been called the "Breath Holder," although Swanton suggested this was a cus-
tom introduced late in their history; perhaps an older term was Ihofanaga, or "the one above us. " 28
According to Adair, this being "resides as they think above the clouds,
and on earth also with unpolluted people. He is with them the sole author of warmth, light, and of all animal and vegetable life. " 29 Swanton complained of
the difficulty in determining whether such beliefs were original or much influ-
enced by Christianity, but one association that appears definitely Creek in
origin was the association of "Breath Holder" with the sacred fire. There were
numerous lesser spirits called upon by the Creeks; in fact, their view of the
world was such that a myriad of objects could have religious significance:
According to the idea of the southern Indians, something of the supernatural attached to every created thing, every animal, plant, stone, stick, body of water, geographical feature, and even to objects which man himself had made. While these things did, indeed, have certain characteristic appearances and activities which were 'natural' -- that is, the things normally expected from them-they owed these to a certain impression made upon them in the beginning of things, or at least at some time in the distant past, and it was not to be assumed that they were all the powers which such beings and objects -- or assuming the Indian point of view, we might say simply beings -- possessed. The expected might give way

14 at any moment to the unexpected. In such cases the thing itself might exert power in its own right or it might be a medium of power from another being. It might manifest this power at one particular time to one particular person, it might have the faculty of exerting its pmver constantly, or its power might be brought out from it by the observance of certain regulations. In such cases the response might be an ' infallible result of performing the regulations, or the charm might be capable of exercising a modicum of volition.30
Souls at death were thought to follow the sun into the West, with their fate being determined by their life spent on earth. There was also a great fear of ghosts, who seem to have been the ''bad spirits."
Much credence was given to dreams and visions, which Indians would seek through fasting, and certain people were supposed to possess or be able to express supernatural power. Medical and priestly functions were often in the realm of these individuals, and young people would undergo special training to prepare them for these offices. It was also believed that the power of good possessed by the healers and prophets could be distorted and used for ill by sorcerers.
The Late Contact Period
The Creeks' initial contact with the white man occurred through brief interludes of Spanish explorers traveling through their country in search of gold and "glory." For almost 200 years subsequent to these first visits, there were no actual settlements of Europeans in Creek territory in Georgia, but in 1714, the French established Fort Toulouse at the confluence of the Coosa and Tallapoosa rivers in Upper Creek country, and Spanish missions and trading houses were established in Florida within that same time period. Soon, there came to be an intense rivalry among the English, French and Spanish for control of trade in the Creek Nation.
Most significant of the contact sources for the Creeks was with the white

15
traders. Many of these men were adventurous and courageous, and became good
friends with the Indians, often marrying Indian women an<i rearing children who
became important in Creek affairs. Unfortunately, designing ,and obstreperous
traders abounded. as well, these trading the debilitating rum for the Indians'
pelts. In ~arch of 1772, David Taitt, who had been sent by the British Super-
intendent of Indian Affairs into Creek country to observe and report on Indian
relations, wrote to his superior:
The traders in this Nation excepting a very few are Composed of Deserters, Horse thieves, half-breeds and Negroes. They all trade without arty Liscenses [sic] or permits; the Mere!hants fits out some Traders with goods on their own acct. [sic] and others they hire to trade in opposition to the Traders; these hirefi. ngs fits out others which they find Ideling [sic] about the Nation so that in some towns there is [sic] three or four Stores where o~e would be Sufficient', all Trade without any Regulations whatsoever and un,dersell one anothe.r to that degree that goods are sold at first cost or rather given away. Some indeed will give a Kegg of Rum to every fellow that will sell his Skins to them. Some of these hirelings often getting a few Skins with the goods which the Merchant has entrustedhim with, Carrys [sic] them to Pensacola where they Barter them with the Merchants for Rum; with it they buy the Horl\)es which the Indians steal from the Settlements o.f the Different Provinces. Unless there is a Stop put .to sending rum in such large quantities amongst these Indians no man will be safe amongst them for after one trader has made them Drunk he will send them to his Neighbor to break his Doors and plunder him which has been attempted t() be done in this Town [Tuckabatchie] since my comeing [sic] here, orte Francis Lewis a Hireling of Mr Golphins had near thirty Keggs [sic] in his house at arrival which was keep't [sic] this Town Continually Drunk, there is many others in-the Nation of the same stamp ' as this man, Some Carries on No other trade than buying of Horses with Rum; These men I think should be sent to some other place as the Indians are Continually Complaining against them.31
Taitt seems to have been particularly struck with the insiqious practices
of the traders, for he frequently mentioned their deceitful behavior. Of
Francis Lewis, he spoke again:
According to his usual Custom [he] .had met with the Indians (last night as they came into Town with their Skins from hunting) and Supplyed [sicl them plentifully with rum on purpose to get

16 what skins they had brought in, and deprive the other Trader of any part of them. This man ma~es it a Common practice to give Rum to his wench for to purchase back the goods from the Indians, which he has before sold or Trusted them with, so that he is Obliged to fitt [sic] them out a Second time on Credit, which greatly increases their Debts to his Employer, but is a great profit to himself as the Skins that he purchases with Rum or goods bought with it he
claims as his own; this I have been informed is a common practice
with hirelings in this country.32
Although Taitt's distaste for the traders he encountered was well-founded,
he does give a rather ex parte view, as we have only to scan the names in 18th-
and 19th-century Creek history to recognize many half-breed sons of traders
who had contributed much to the Indians.
Racial prejudice toward whites did not seem to have been prevalent among
the Creeks, and tracing descent, as they did, through the mother enabled many
half-bloods to rise to positions of considerable prestige in the Nation.
McGillivray and, of course, William Mcintosh are the most outstanding examples.
Another trader whose contribution has been of tremendous value historiGally
was James Adair, whose The History of the American Indians told of the South-
eastern tribes he lived and traded among from 1735 to 1768. His view of the
traders, although tainted by his own bias, was, nevertheless, instructive:
Before the Indians were corrupted by mercenary empires, their good sense led them to esteem the traders among them as their second sun, warming their backs with the British fleeces, and keeping in their candle of life both by plentiful support, and continual protection and safety, from the fire-arms and ammunition which they annually brought to them. While the Indians were simple in manners, and uncorrupt in morals, the traders could not be reckoned unhappy; for they were kindly treated, and watchfully guarded, by a society of friendly and sagacious people, and possessed all the needful things to make a reasonable life easy. Through all the Indian countries, every person lives at his own choice, not being forced in the least degree to any thing contrary to his own inclination. Before that most impolitic step of giving general liscenses Jsic] took place, only a sufficient number of orderly reputable traders were allowed to traffic, and reside among the Indians: by which means the last were kept under proper restraint, were easy in their minds, and peaceable, on account of the plain honest lessons daily inculcated on them. But at present, most of their countries

17 swarm with white people, who are generally the dregs and off-scourings of our colonies.33
Caleb Swan, a major under orders of Secretary of War Henry Knox, traveled with Alexander McGillivray after the latter signed the Treaty of New York
in 1790. Swan, who remained in the Creek Nation about five months (September through January) and was often the guest of McGillivray, estimated there were
300 white people "of every description" in the country that he visited, a number which he considered "sufficient to contaminate all the natives." 34 He continued:
For it is a fact that every town is principally under the influence of the white men residing in it; and as most of them have been attached to the British in the late war, and of course have, from loss of friends and property, or persecution, retained bitter resentments against the people of the United States, and more especially against those living on the frontiers 35
Swan's impressions were probably biased by the unique position of his host
in the Nation. Whites and half-bloods were certainly powerful at that time,
but that every town was principally under their influence is doubtful. Swan found that every town had one "established white trader," each of which employed one or two white packhorsemen. "Besides these," he stated, "there is, in almost every town, one family of whites, and in some two, who do not trade; these last are people who have fled from some part of the frontier, to this 'asylum of liberty.' " 36 The power the traders did wield was a result of the
burden lifted from the Creeks by the convenience of European manufactured goods over their own painstakingly hand-wrought ones. John Stuart, British Superintendent of the Southern Indians for 15 years, described the situation:
The original great tie between the Indians and Europeans was mutual conveniency. This alone could at first have induced the Indians to receive white people differing so much from themselves into their country A modern Indian [1764] cannot subsist without Europeans; and would handle a flint ax or any other rude

18 utensil used by his ancestors very awkwardly; so what was only conveniency at first is now become necessity and the original tie strengthened.37
Although, in the process of Creek acculturation, the white settlers of the frontier seem to have influenced the Indians in a less direct way than the traders who lived within their country, their influence was no less insidious. The frontiersman's hunger was for land, and as he made his voice heard and won more and more land, he was, at the same time, encroaching on the Indians' hunting grounds. Although the Creeks even very early in their history were involved in agriculture, their major economic orientation was hunting, and a society based upon hunting and gathering requires vastly more land than an agricultural one. Unfortunately, the reduction in Creek tribal ranges occurred simultaneously with increased requirements for animal skins to trade for the European-manufactured goods and rum upon which they had come to depend. This combination of circumstances was a death blow to the Creek aboriginal economy. Ralph Linton has pointed out:
In the case of many of the American Indian tribes the destruction of game which resulted from the presence of whites and the curtailment of tribal range made many of the previous techniques for obtaining food and raw materials unworkable.38
' This certainly was the case with the Georgia Indians.
Statistics are unavailable which would trace the destruction of game and compare it with other tribes' situations, but the process appears to have proceeded swiftly. In 1739, a ranger traveling with Oglethorpe reported that they saw several herds of 60 or more buffaloes between the Ocmulgee and Oconee rivers, as well as an abundance of deer, turkeys and other game; 39 however, 60 years later, Benjamin Hawkins wrote in his Sketch of the Creek Country:
The traveller [sic], in passing through a country as extensive and wild as this, and so much in a state of nature, expects to see

19 game in abundance. The whole of the Creek claims, the Seminole inclusive, cover three hundred miles square; and it is difficult for a good hunter, in passing through it, in any direction, to obtain enough for his support.40
Hawkins' works are some of the richest sources of information concerning the shifting of the economic base of the Creeks. Appointed "Principal Temporary Agent for Indian Affairs South of the Ohio" in 1796, Hawkins was a North Carolinian who had been involved in governmental affairs for both his state and nation since 1778, and moved into Creek country upon receiving this appointment, where he remained until his death in 1816. The first of eight of Hawkins' papers, published in 1848, includes! Sketch of the Creek Country in the Years 1798 and 1799, which describes his journey through every village in the Creek Nation, noting topographical details of the country and including rich stores of social and cultural data.
As others, Benjamin Hawkins 1 great scheme was to bring "civilization" to the Indians. Many people have questioned the motivations of such men, who worked directly to transpose a culture they were familiar with onto an alien society. Innumerable instances of the social, psychological, political, economic and spiritual damage such "civilizing" practices have caused can be cited. The situation of the Creek Indian, unfortunately, is only one example, although perhaps an especially instructive one for Georgians. In considering 300 years of American history, however, no solutions to this problem present themselves, excepting perhaps that Europeans never should have settled in the Indians' land in the first place. Such speculation, however, is not only idle, but vacuous.
Confronted with the existing situation, Benjamin Hawkins at least seems to have proceeded sincerely with what he felt was the only solution he could find to an extraordinarily difficult set of circumstances. His methods to accomplish his aim, at least, were significantly different from earlier plans

20 of missionaries and administrators, for, instead of attempting to teach the Indians reading, writing and literature, Hawkins began to instruct them in agricultural skills. In the words of Samuel Mitchell, who wrote an account of Hawkins' methods in 1818:
Indeed Mr. Hawkins entertained an opinion that an introduction to the mysteries of religion, and an acquaintance with the intricacies of literature, ought to follow, and not precede, an initiation into the more useful and necessary arts, such, for example, as those of procuring food and clothes.41
In his A Sketch of the Creek Country, Hawkins described the condition of each village, with special emphasis upon agricultural pursuits, always noting whether villages possessed stocks of cattle, hogs and horses, and whether
I
their lands were fenced. Almost no village was without some sort of stock in 1798, but fences were scarce, and in several villages, he described fine stocks of cattle and hogs, most often owned by half-bloods. Describing a "plantation" owned by a chief called the Birdtail King, which was well-;fenced and cultivated with the plow, Hawkins noted that this mart had traveled to New York for a treaty-signing in 1790 and had seen "the ways of the whites and the advantages of the plough over the slow and laborious hoe. "42
In 1797, Hawkins hired a farmer to live at Auputtane to teach and exemplify farming methods; traders in the Nation, often having Indian families, were used as examples as well. One of these, Robert Grierson, had 300 cattle, 30 horses and, on Hawkins' recommendation, had set up a "manufactory of cotton cloth" employing 11 people.
Of the 43 villages Hawkins visited on this journey, 18 had some fields fenced and were raising stock; 14 had stock only and 11 had neither. Most of the individuals that Hawkins mentioned as having large stock and farms were either chiefs, half-bloods or traders with Indian families. It is impossible

21 to tell what percentage of Creeks were involved in these pursuits, but with at least some people in 32 out of 43 villages raising stock, the knowledge seems to have been widespread. Information on these same villages for 20 years later and earlier would be most instructive but is not available.
Although some of the Creeks were beginning to develop "fine stocks" and "handsome property," the majority were reluctant to give up the traditional patterns of hunting. During Hawkins' travels in the fall seasons of 1797 and 1798, he found women, children and old men in the villages, as most of the young men were out hunting as their ancestors had done for generations.
An intriguing sidelight to the acculturation process is how elements of one culture are altered as they are accepted by another culture. One example of this which Hawkins found in Tuckabatchee, an ancient Creek town, was Tuckabatchee Haujo, a chief, who had 500 cattle in 1799, a comparatively large number for the time. Hawkins wrote of him:

Although apparently very indigent, he never sells any; while he

seems to deny himself the comforts of life, he gives continued

proofs of unbounded hospitality; he large beeves [sic] a fortnight, for

seldom kills his friends

less and a

than two cquaintance

s

.

43

Retaining the beautiful Creek custom of hospitality, the chief combined with it the white man's stock-raising, but instead of using the cattle for barter, he kept 500 simply for feeding his friends:

Perhaps the major problem Hawkins encountered in trying to change the economic base of the Creeks was the fact that farming had traditionally been considered "woman's work." The men, when not hunting or at war, spent their time in the village square, attending daily to the black drink ceremony or public business, while the women went about their many chores. Perhaps at one time there had been a balance in the workload of the sexes, but with the

22 decrease in game, the introduction of gifts presented to the men by the three
European powers (and later by the Americans) who were trying to win their
favor, in addition to the psychological undermining that went along with these,
the balance was lost and a stubborn opposition to accepting the new elements
often resulted. Of the Coweta Tallauhasse village Hawkins wrote that he
entertains doubts, already, of succeeding here in establishing a regular husbandry, from the difficulty of changing the old habits of indolence and sitting daily in the squares, which seem peculiarly attractive to the residenters [sic] of the towns. In the event of not succeeding, [he intends] to move the establishment out from the town, and aid the villagers where success seems to be infallible.44
One village was divided against itself toward Hawkins' plan of civiliza-
tion, with those favoring it finally moving across the river and fencing their
fields and the others remaining in the village and probably continuing their
indigenous farming practices. Evidently, those opposed to the changes Hawkins
sought to bring about were numerous:
This spirit of party or opposition prevails not only here [Talesee],but more or less in every town in the nation. The plainest proposition for ameliorating their condition is immediately opposed; and this opposition continues as long as there is hope to obtain presents, the infallible made heretofore in use, to gain a point. 45
This last condition, which Hawkins hoped to change, was undoubtedly a
result of white contact, and, in this aspect, he was trying to undo a negative
result of acculturation. In a letter to James McHenry, the Secretary of War
in 1797, Hawkins wrote:
I find myself surrounded by innumerable difficulties, the Indians are all of them beggars, and being accustomed for several years past to receive presents from the United States, Great Britain or Spain sufficient to cloathe [sic] all the idlers in the nation, they view with surprise their great beloved friend and father the agent of the four nations offering them cotton and flax seed, ploughs, spinning wheels, cards and looms, with instructors in the useful branches of mechanics and agriculture.46

23
Hawkins was adamant in his attempt to put a stop to giving presents for
the asking. He wrote to the commanding officer of Fort James on the Altamaha
River that he must be firm in resisting the Indians' importunity, since they 47
had played the "spoiled child" long enough.
Again, statistics which would offer evidence are not available, but there
is some indication that the Creek women were perhaps initially more accepting
of Hawkins' plan than the men, at least being more favorably disposed toward
his plan for raising cattle, spinning and weaving. Concerni~g this, Hawkins
told of visiting in Cusseta in 1797, where he spoke to the men about the
prosperous farm of a chief of another town.
They all heard me with attentive silence until I mentioned the raising and spinning of cotton. One of them laughed at the idea, but the Fusatchee Mico assent [sic] to all and said it must be done. The objection made to it by the men is that if the women can cloathe [sic] themselves, they will be proud and not obedient to their husbands. 48
Some married women, of course, were not under such restrictions, but clev-
erly, Hawkins attempted to interest young unmarried women or widows in spinning
to avoid the ill favor of the men. In a report on the state of affairs in the
Creek Nation in 1801, Hawkins wrote of the "Manufactures," showing the pro-
gress that had been made in the four years since he had arrived.
The present spring the agent has delivered to Indian women 100 pair cotton cards, and 80 spinning wheels; there is [sic] eight looms in the nation, four of them wrought by Indian or half-breed women, and the remainder by white women. There is a woman employed as an assistant, to teach the Indian women to spin and weave; and the agent has appointed, as a temporary assistant a youn$ Englishman, from a manufactory in Stockport, in England, who can make looms and spinning wheels, and everything appertaining to them, and he understands weaving. He will, in a few days, have a ninth loom set up at the residence of the agent. The women have this spring adopted this part of the plan with spirit, and have promised to follow the directions of the agent with exactitude. Three Indian women, of one family, who have been spinning for two years only, have cloathed [sic] themselves well, and have acquired some hogs and cattle, are proud of the exertions they have made, and are, by their conduct, a stimulus to their country-women. One

24
of the looms and two of the spinning wheels in use were made by an Indian chief, for his own family.49
According to the same report, the acceptance of European agricultural prac-
tices was slow, primarily due to the reasons which have been mentioned. Stock-
raising was more acceptable to the Creek men than cultivation, but of the
men and women who began to pursue the new agricultural practices, many had
difficulty in making their farms productive. Speaking of Timothy Barnard, an
interpreter and assistant to Hawkins who had a fine stock of cattle and a
well-fenced farm, Hawkins wrote: "He is not much acquainted with farming, and
receives light slowly on this subject, as is the case with all the Indian countrymen, w.1th out except1.on. ,50 For a people accustomed to hunting and bar-
tering for the few necessities they could not produce, a change to a sedentary,
productive farming existence was alien and, understandably, a different experience.
Another difficult aspect of the attempted conversion to farming was the
management of slaves. Although a relatively small number of Creeks owned
slaves at that time, those who did seemed unable to profit from their labor.
The distinction between owner and slave seems to have been much less clear than
in the white communities, and, often, the blacks were more knowledgable
of farming methods than their Indian owners. On Christmas Day of 1797,
Hawkins' journal reflected the influence of some of the blacks in the Creek
Nation.
I was this day visited by the negroes from the towns above me, on their way to Mrs. Durant's [sister of McGillivray] to keep Christmas. I asked how this was done, they answered that at this season of the year they made a gathering together at Mrs. Durant's or her sister's, where there lived more of the black people than in any other part of the nation. And there they had a proper frolic of rum drinking and dancing. That the white people and Indians met generally at the same place with them and had the same amusement.
The black people here are an expense to their owners except in the house where I am [Richard Bailey's]. They do nothing the whole winter but get a little wood, and in the summer they cultivate a scanty crop of corn barely sufficient for bread.Sl

25 Interestingly enough, in several Creek villages, Hawkins (before he mastered the Muskogee language) found black women the only persons able to interpret for him. Although a specific search for information on the blacks in Indian territory has not been undertaken by the author, it seems that they were significant agents of Creek cultural change, both from their own AfroAmerican culture, as well as from the white culture into which they had been acculturated.
It is difficult to determine precisely how much the Creek economy had
changed by the beginning of the 19th century. We know hunting was still pursued by many Creek men; whether it was a viable method of earning a livelihood at that time is doubtful. Hunting parties continued to absent themselves from the villages for periods during the fall and winter, but it had become common also to hold national council meetings during that part of the year previously reserved for hunting. Agriculture had evidently superceded hunting for the large majority of the population, although the number of Creeks who had become proficient at farming was still relatively small.
Of the period just prior to the Creek War of 1812-1813, Angie Dobo has written:
In general the Upper Creeks, who had suffered less from white encroachment, were more prosperous than the Lower. But the Creek Country was no longer a place of peace and security and overflowing abundance; and Hawkins reported that its population was declining or at a standstill. Almost without their knowledge the power and independence of the Creeks had been completely undermined .. Perplexed and baffled, subdued but still untamed, they entered upon a way beset with difficulties where the assertion of their old spirit would bring disaster.52
In the second decade of the 19th century, however, catastrophe pursued the Creeks at a faster pace than ever before. The civil war that ravaged the Creek Nation in 1812-1814, which was actually a part of the War of 1812, left the Nation more divided and demoralized than it had ever

26
been. Discontent with recent developments -- including a road cut through the
Nation, extending from Athens, Georgia, to Fort Stoddert, near Mobile, Ala-
bama; constant depredations between Creeks and Georgians; and the economic dif-
ficulty they were suffering -- all rendered them especially receptive to
strains of Indian revivalism preached by the famous Tecumseh, who visited the
Creeks in the fall of 1811. Thus, Creek religious life was changing along with
other phases of their culture. Speaking of the changes in the Busk ceremony,
Swanton concluded:
A comparison of the earlier and later forms of the husk tends to bear out Adair's statement with reference to the lengthening of the dances and the shortening of the fasts and purifications. In other words, the social features progressively expanded at the expense of those of a strictly religious nature. It is a process common in all parts of the world where faith in an institution is gradually decaying. 'In this case the decay was due .not so much to the direct influence of European missionaries as to the general modifying tendencies accompanying the advance of white civilization.53
Tecumseh was a Shawnee from the Ohio River area, of whom it has been said
had close familial ties with some Upper Creeks. His brother, called The Pro-
phet, had for some time been fomenting a religious revival, urging the northern
Indians that it was essential to their survival to return to their native
modes of living which had been largely abandoned with the gradual acceptance
of white culture. This doctrine, according to The Prophet's own story, was
presented to him as a revelation from the "Master of Life."
The prophet was held to be an incarnation of Manabozho, the great 'first doer' of the Algonquian system. His words were believed to be direct utterances of a deity. Manabozho had taught his people certain modes of living best suited to their condition and capacity. A new race had come upon them, and the Indians had thrown aside their primitive purity of life and adopted the innovation of the whites, which had now brought them to degradation and misery and threatened them with swift and entire destruction. To punish them for their disobedience and bring them to a sense of their duty, Manabozho had called the game from the forests and shut it up under the earth, so that the tribes were now on the verge of starvation and obliged to eat the flesh of filthy hogs. They had also lost their old love for one another and become addicted to the secret practices of the poisoner and the wizard, together with the abominable ceremonies of the calumet dance.

27
They must now put aside all these things, throw away the weapons and the dress of the white man, pluck out their hair as in ancient times, wear the eagle feather on their heads, and clothe themselves again with the breechcloth and the skins of animals slain with the bows and arrows which Manabozho had given them. They must have done with the white man's flint-and-steel, and cook their food over a fire made by rubbing together two sticks, and this fire must always be kept burning in their lodges, as it was a symbol of the eternal life, and their care for it was an evidence of their heed to the divine commands. The firewater must forever be put away.... The prophet then gave them new songs and new medicines. Their women must cease from any connection with white men. They were to love one another and make an end of their constant wars ... 54
The rewards for thus reforming varied from tribe to tribe. The Creek
interpretation seems to have been that the Master of Life would send a terri-
ble hailstorm which would destroy the whites as well as the unbelieving Indi-
ans, and believers were to be saved by fleeing to mountaintops. In the pure
Creek version, according to Mooney, there was no plan of a combination of hos-
tile tribes to overcome the white race, as in the belief of other tribes.
Tecumseh's contribution was to combine this spiritual revival with poli-
tical agitation for a grand confederation of all Indian tribes to stop the
Americans on the Ohio and perpetuate the Indian sovereignty. It was a timely,
if not brilliant, move on his part to take advantage of all the excitement and
religious fervor to introduce his complementary scheme. Mooney's opinion was
that
the movement in its inception was purely religious and peaceable; but the military spirit of Tecumtha [sic] afterward gave to it a warlike and even aggressive character, and henceforth the apostles of the prophet became also recruiting agents for his brother.SS
Their widespread acceptance of this movement surprised even many of the
Creeks themselves. In a letter to the governor of Georgia on July 7, 1813,
Benjamin Hawkins wrote:

28 A great number of Indians seemed to be astonished, exceedingly alarmed, and timid at the sudden explosion of this fanaticism. Its Magic powers deters them from obeying the Calls of their Chiefs and its denunciations has rendered the Chiefs themselves opposed to it, timid, distrustful, and incapable of estimating and resisting its effects as they should do . 56
No doubt Hawkins was astonished as W'ell. After Tecumseh's visit to the Creeks, numbers of them who "took his talk" ev~n began to consider themselves prophets and, in Stiggins' words, "vied with each other who could excell [sic] in wild predictions and who would adduce the most romantic circumstances of a frivolous nature to confirm it a divine call. "57
Tecumseh does seem to have had an uncanny ability to predict events of which he could have had no rational knowledge. One case in point which appears in every source consulted tells of his predicting to the Creeks that when he returned to the North he would stamp his foot, causing the earth to shake as a proof to them of his power. About the time he arrived in Ohio, an earthquake shook portions of the Nation; actually destroying some buildings in Tuckabatchee. 58
The stories of this nativistic movement are fascinating, abundant and, finally, tragic. The point to be made here, however, is that the Creek Nation, as well as the other tribes involved, was susceptible to the movement, largely because of the acculturation process it had been undergoing, its resultant economic hardship, and, of course, the loss of hope for recovering or maintaining its tribal lands. Creeks were temporarily encouraged, fanatically so, but eventually the internal divisiveness that the movement caused and the resulting civil war was taken advantage of by the Americans to defeat the Creeks disastrously.
Strangely, perhaps, the Creeks were not much influenced by missionaries; in fact, they were notoriously unaccepting of the white man's religion. They

29 had resisted the missions and schools for a long time when, finally, a mission
was established on the Flint River in 1803. It was, however, soon abandoned,
due to a lack of interest. S9
The year 1807 found two members of the Unity of Brethren, or the Moravian
Church, themselves recent emigrants from Europe, arriving at the Creek Agency
on the Flint River to bring their Gospel to the Indians. Having a limited know-
ledge of English, and absolutely none of the Indian languages, they would have
been ill-prepared to effect their demanding mission even if the Creeks had been
accepting of it, which they were not. With much practical and material assist-
ance from Benjamin Hawkins, although he was not much concerned with the reli-
gious aspects of their mission, they were able to remain in the Creek country
until the outbreak of the Creek War.
The diary of these two missionaries, Johann Christian Burckard and Karsten
Petersen, b'ecause they were required to live at the Agency, provides an inval-
uable personal view of the comings and goings of that place during Hawkins'
period of authority, as well as the flavor of life on that frontier. The Bro-
thers carried on their trades of weaving and tinsmitQing, while also holding
services, which were never well attended. Most often, blacks were in the major-
ity, with several half-breeds, whites or Indians sometimes attending. On May 2,
1809, their journal entry included a comtOOn, but revealing, incident:
During these days an old Indian, speaking good English, who was in business in Savannah, stopped by. Br. Burckard had a long conversation with him, had him translate several words in Indian, and then proceeded telling him of the great love of God through Jesus Christ. He was quite attentive and gave the usual Indian response, "Yes." This is their answer to all matters spiritual. They are most anxious to say "yes II followed by a ''Yes' yes' I know. II When asked whether they really understood, it is ''yes, yes" as always. It is perhaps most fortunate for us to know their answer in advance. It is all too evident that an Indian engaged in business understands and speaks English but is unable to understand when told of religious matters . "60
The religious view held by the half-breed Alexander Cornell is perhaps

30
more instructive of the Indians' often unresponsive attitude toward the Moravians' teachings:
Alec Carnells [sic] sat beside me and smoked his pipe. When I began to speak he lay down his pipe beside him and listened with the greatest attention. After the meeting I told him, among other things, that if we could learn to speak their language we would like to acquaint all Indians with G_..,d's Word. Should they accept it and believe, they might come to God after this life and live a blessed life in the hereafter.
'That is good,' he said, 'and you white people have the old Book from God. We Indians do not have it and are unable to read it. But I have heard much of it from the old chiefs, the same Word of God of which you spoke here. The Indians know it without a book; they dream much of God,_ therefore they know it.61
Indeed, then, what need did the Creeks have for the white people's religion? Finally, in 1822, under pressure of those Indians desiring literacy for their children, consent was given for churches to establish schools, but by that time the loss of their land was beginning to overshadow other plans.
In preparation for an examination of the final controversial treaties of the Creeks with the United States, mention should be made of the changes that had occurred in Creek government prior to that time. As we have seen, this government had been a rather loose confederation with national officials who held annual national council meetings and was composed of towns whose governmental structures were more rigid. The first significant change to this structure came under the "reign" of Alexander McGillivray, who became the most pow-
erful Creek of his day.
McGillivray was the son of Lachlan McGillivray, a Scotch trader who migrated to America about 1738, and Sehoy Marchand, daughter of a French soldier and a Creek woman of the Wind Clan. At the age of 14 (1773), he was sent from the Nation to school in Charleston, South Carolina, but his education was interrupted by the Revolution, at which time his father, a Royalist, returned to Scotland and young Alexander to his childhood home, where he was soon made a lesser chief.

31 The major sources for McGillivray's career and the revolution he accom-
plished in Creek government are Caleb Swan, who, as has been mentioned, visited
the Nation during McGillivray's period of power, and Louis LeGler Milfort, who
lived in the Nation for 20 years and became McGillivray's brother-in-law. Swan
described McGillivray and his innovations:
The present great beloved man [McGillivray's title], who left Georgia in disgust about the year 1776, and attached himself to the upper Creeks, where he was born, by the advice of his father immediately set about placing himself at the head of the nation. His kindred and family connexion [sic] in the country, and his evident abilities, soon gave him such influence among them that the British made him their commissary, with the rank and pay of LieutenantColonel, under Colonel Brown, then superintendent.
After the English had abandoned the nation, in 1782, this beloved man found it necessary in order to carry on the war with success against the Georgians, to undertake a reform in the policy of the nation, which had for a long time been divided by faction.
He effected a total revolution in one of their most ancient customs, by placing the warriors in all cases over the micas or kings, who, though not active as warriors, were always considered as important counsellors[sic]. The micos resisted this measure for some time; and the struggle became at last so serious, that the beloved chief had one Sullivan and two others, partizans [sic] of the micas, put to death in the public squares. They were all three white men who had undertaken to lead the faction against him; but he finally crushed the insurgents, and effected his purposes.62
Thus, one of the most powerful personalities the Creek Confederacy ever
produced, and its most skillful diplomat at a time when it was threatened by
three nations, was only one-quarter Creek and had been educated in Charleston.
Certainly this is a statement significant of the influence of white culture on
the Creeks in the late 18th century. According to Swanton:
During a period of almost perpetual war the influence of the war leaders was certain to be enhanced in any event; McGillivray simply took advantage of this and continued their war powers into times of peace. After McGillivray's death, February 17, 1793, no man appeared of sufficient force and tact to take his place and the government seems to have slipped back, at least in part, into the ancient channels .. The primacy of Coweta, both over the Lower Creek towns and over the whole nation, appears to have been reasserted, Tuckabahchee [sic] assuming the headship of the Upper Creeks and the secondary position in the confederacy.63

32 The next innovation in Creek government was made at the instigation of
Benjamin Hawkins. It is surprising, in light of his usually careful investi-
gation of Creek culture, that he asserted in 1799 that the Creeks did not have
a national government until that time. Indeed, he stated:
The attempt, in the course of the last and present year, to establish a national council, to meet annually, and to make general regulations for the welfare of the nation, promises to succeed.64
Hawkins' three-fold plan included the following innovations:
1st. To class the towns, and appoint a warrior over each class, denominated the warrior of the nation, to superintend the execution of the law.
2nd. To declare as law, that when a man is punished by the law of the nation, and dies, that it is the law that killed him. It is the nation who killed him; and that no man or family is to be held accountable for this act of the nation.
3rd. That all mischief-makers and thieves, of any country of white people, shall be under the government of the agent for Indian Affairs, and that he may introduce the troops of the United States to any part of the Creek country, to punish such persons; and that, when he calls in the troops of the United States, he is to call for such number of warriors as he may deem proper, to accompany them, to be under pay: that in apprehending or punishing any white person, if Indians should interpose, the red warriors are to order them to desist; and if they refuse, the agent may order them to fire, at the same time ordering the troops of the United States to make common cause.65
How closely Hawkins was able to execute this plan is unknown, but the
subsequent occurrence of the Creek War suggests that he was not ultimately
successful in obtaining the power he seems to have desired, although his
influence remained significant. His influence has been considered highly evident in the 1825 compilation of the "Laws of the Muscogee Nation."66
We do know from his writings, including the second of the proposals just
listed, that he was strongly adverse to the traditional Creek principal of
private retaliation, in which a life was taken for a life even in cases of acci-
dent. He had also instituted a plan whereby the Nation would pay the captor of

33 a prisoner taken in war to prevent his being killed.
The aforementioned list of laws, one of two original compilations known to exist, is signed by Chilly Mcintosh and dated January 7, 1825. Antonio Waring, who edited and published the laws, contended that this list was prepared by Chilly for his cousin, Governor George Troup, and the statement following the laws -- "It is understood that these are the laws at present in force in the Creek Nation and that none other are of any authority there"67 -- was believed by Waring to be in the handwriting of Governor Troup. This contention gains significance when it is realized that it was to Troup's advantage to prove that the law under which William Mcintosh was killed was not a law of the Nation; but the document's import even surpasses this important contention, however, as it also had tremendous social, as well as politi"cal, significance.
The first seven of these laws, which reflect the incredible changes and problems occurring in the Creek Nation as a result of the Creeks' intercourse with whites, refer to the changing aspect of the Creeks' attitude toward murder. Swanton concurred in the evidence of a man who, in 1820, traded among the Creeks, "that the murderer was publicly executed and the law of private retaliation had gradually become obsolete."68
The 15th law confirms the growing importance of agriculture:
No person shall received [sic] for damages done to his Grope [sic] by the stock of an other person unless he has a lawfull [sic] fence around his field and in case he should have a lawful fence, and the stock of another person should injured [sic] his property in that case he shall recover for all damages, but if he has not a lawful fence, and he should kill the stock of another person for injuring his property he shall pay for all he kill [sic].69
A Creek farmer by this time then, was practically required to have fences for his own protection.
As the Creeks had, unfortunately, taken over the whites' vile practice of

34
owning slaves, several of the laws refer to their attitudes toward blacks, and
20 years seems to have made a difference in earlier attitudes. The slaves, as
noted previously, were teaching the Creeks farming methods and introducing the
practice of celebrating Christmas. These later laws indicate a decidedly less
friendly attitude, with the 20th law stating:
If any of our people have children and Negroes and either of the children should take a Negro as a husband or wife - and should said child have a property given to it by his or her parent the property shall be taken from them and divide [sic] among the rest of the children as it is a disgrace to our Nation for our people to marry a Negro. 70
Slaves were not pennitted to "raise property." Masters could set their
slaves free, however, and if this were done, they were considered free men and
women by the Nation.
Perhaps one of the most important laws in light of subsequent historical
events was the 28th:
If any one or two Towns belonging to our Nation remove from the Nation to any other Country they shall have no claims upon this Country without the Consent of the Hole [sic] Nation [1819]. 71
Waring suggested that this was the law which Mcintosh was attempting to evade
in making the 1825 treaty.
By this time, attitudes of the Creeks toward whites coming into their
Nation were quite clearly negative:
Law 41st. And be it farther [sic] enacted if any person or persons should employed [sic] a White Man to work, after work done he shall go back into his own Country, shall not stay no [sic] longer than the work done.
Law 42nd. If a White Man should be ordered out of the Nation and if he should stay longer than the time expired [sic] he shall pay one dollar for every day ....
Law 49th. No person shall permit a White into the Nation to live except the hole [sic] Nation agree to it. 72

35
The Creeks certainly had come full circle from the time not many years previously when they were vying for white traders to live in their towns.
The 1825 list includes, by no means, all Creek laws; in fact, most of
their ancient laws are not mentioned. As Waring stated:
Despite Troup 1s unsigned subscription that he understood these
to be all the laws in force in the Creek Nation and 'none other are of any authority I . it .iS perfectly ObViOUS that thiS document WaS no at tempt to unify .and systematize Creek law. One has the impression that these laws were made in Council, one by one, haphazardly, as individual si!tuations arose. They are laws made in a changing culture, calculated. to deal with problems beyond the scope of ancient Creek custom, problems arising out of contact with the white man cattle raising, slave owning, the use of United States currency, . systematic agriculture, trading and the presence of a stream of passing settlers on the way across the Nation to the Alabama and Mississippi territories.73
Further, it should be suggested that this document discloses the phase of
Creek acculturation innnediately preceding their removal, while the process of
culture change as a result of white influence had been going on for several
hundred years. The changes had accelerated tremendously in the first quarter
of the 19th century, as Georgians pressed closer and closer, and, unfortun-
ately, the work of a few well-intentioned administrators had not succeeded in
. making their efforts profitable, in the long run, to the Creeks. This list
of laws is, likewise, a ust of problems presented by the sometimes bewildering
changes the Creeks were facing and their attempts to solve them.
The acculturation process, finally, brought not prosperity and harmony,
but disintegration and defeat to the Creeks. In June of 1825, in the midst
of the treaty controversy and the turmoil attendant to Mcintosh's death, a
letter was published in Milledgeville's Georgia Patriot from a missionary
and teacher of the Creeks, which was evidenceof the debilitating effect those
changes were having on the Indians:

36
May 10, 1825 . It will be more than can be reasonably expected if the exertions that are now making to civilize and evangelize these poor creatures are not seriously effected by what has taken place. Already the Indians begin to disclaim against education, because those persons (or some of them) who sold their lands made some pretentious to it. Some, in their gloomy moments, took their children from the school, giving no other reason than that their land was gone, and that instruction would do them no good . 74
The Creeks were finally demoralized and defeated by the European culture. Some Americans came to respect the Indians' culture and thought they were helping to improve the Creeks by attempting to acculturate them. But those who could lay aside their cultural encapsulation long enough to see the dignity of the
native Americans and to appreciate their habits and tastes, especially their passionate attachment for their homeland, were very few. The eyes of a disastrously large majority of Americans were covetously on the Creeks' land
alone, not on their humanity. By 1825, the tragic tide of history was overwhelming the Creek Nation, and was soon to see them, in desolation, removed from their cherished home.

37
FOOTNOTES
A Brief Sketch of Early Creek Culture
1 Ralph Linton (ed.), Acculturation in Seven American Indian Tribes (New York, 1940), pp. 463-4.
2 The major sources which have been used concerning the Creek culture are John R. Swanton's extensive studies for the Bureau of American Ethnology~ Having not attempted a survey of archaeological information, most of the primary sources used were early travel journals. The narratives of Hernando de Soto and Alvar Nunez Cabeza de Vaca offer invaluable first-hand reports of the native American tribes and their country during early European influence. For the late-contact period, the available material is almost exclusively journals of Europeans and Americans who traveled through or lived in the Creek country during the 18th and 19th centuries. These include reports of explorers, traders, missionaries and government officials. Only two sources written by Creeks have come to light: the manuscript of George Stiggins and a copy of Creek laws of 1825, written by Chilly Mcintosh, the son of Chief William Mcintosh. As might be expected, because of each writer's orientation (i.e., scientific, missionary, administrative, etc.), these works treat specific phases of the culture. In the variety, however, a general view of this culture is approached.
3 John R. Swanton, The Early History of the Creek Indians and Their Neighbors~ Bureau of American Ethnology Bulletin 73 (Washington, D. C., 1922; reprinted 1970), p. 442.
4 Ibid, p. 9.
5 John R. Swanton, The Indian Tribes of North America, Bureau of American Ethnology Bulletin !~(Washington, D.~, 1952; reprinted 1968), pp. 156-7.
6 Fanny Bandelier (trans.), The Journey of Alvar Nunez Cabeza de Vaca (Chicago, 1969), pp. 25-6.
7 Edward G. Bourne (ed.), Narratives of the Career of Hernando deSoto (New York, 1904), Vol. I, pp. 53-4.
8 John R. Swanton, "Aboriginal Culture of the Southeast," Bureau of American Ethnology, 42nd Annual Report (Washington, D.C., 1928), p. 694.
9 Ibid, p. 726.
10 George Stiggins, quoted in John Swanton's "Social Organization and Social Usages of the Creek Confederacy," Bureau of American Ethnology, 42nd Annual Report (Washington, D.C., 1928), p. 114.
11 Ibid, p. 165.
12 James Adair, quoted in Swanton. Ibid, p. 253.

38 13 William Bartram, quoted in Swanton. Ibid, p. 278.

l4 Narratives of .the . Career of Hernando de So to (Elvas), pp. 64-5.

15 Ibid, p. 69.

16 Ibid, p. 71.

17 Sw~nton, ;'Social Organization ", p. 292. The black drink w-as a concoction of leaves of yupon holly served in a purific ritual before all council

meetings.

18 .

.. . . .

. .

. .

.

Benjamin Hawkins, A Sketch o the Creek . Count;ry in 1798 and, 1799, Georgia

Historical Society Collections, Vol. III (Savann,ah, 1848; reprinted 1974),

PP 70-1 ~.

19 Swanton, ''Social Organization ", p. 302.
20 These titles often came to be used as personal names (i.e., the influential
chief knmvn as Big W.arrior in the 19th century).

21 Swanton, ''Social Organization . ", pp. 310-11.
22 M. Bossu, quoted in Swanton, Ibid, pp. 310-11.
23 George Stiggins, quoted in Swanton, Ibid, p. 314.
24 Since the majority of signers of the 1825 Creek treaty were from Coweta, there were attempts to prove this town historically more .influential. Joseph V. Bevan; State historian, was asked by Governor Troup in 1825 to prove Coweta's a~cendancy, which he attempted in a lengthy report. Joseph V. Bevan; Report on .the Georgia Indian Situ~tion, [825 (Copi.ed and bound under direction of Mrs. J.E. Hays, WPA Project, 1938; Ga. Dept. of Archives and History).
25 Swanton, "Social Organization . ", pp. 323-4.
26 James Adair, quoted in John R. Swanton's "Religious Beliefs and Medical Practices of the Creek Indi.;tns," Bureau of American Ethnology, 42nd Annual Report
(Washington, n.c., 1928), P 590.
27 Ibid, p. 548.
28 _ !b_ id , . p 4. 81
29 James Adair, quoted in Swanton, 11Religious Beliefs . ", p. 482.
30 Ibid, p. 489.
31 David Taitt, ''Journal of David Taitt," in Newton D. Mereness (ed.), Travels
.!!!, the American Colonies (New York, 1916; reprinted, 1961), p. 525.
32 ~' p. 505. 33 James Adair, The History .!~American Indians (London, 1775; reprinted
1930)' p. 413-.-

39 34 Caleb Swan, Position and State of Manners and Arts in the Creek, or Musco-
~ Nation in 1791 (a loose copy in the University of Georgia library, Special Collections, known to have been printed in Henry R. Schoolcraft's Historical and Statistical Information, Respecting the History, Condition and Prospects .!_ the Indian Tribes of the United States, Vol. V, pp. 251-83; Philadelphia, 1855), p. 263.
35 Ibid.
36 Ibid.
37 John Stuart, quoted in Louis De Vorsey, Jr., The Indian Boundary in the Southern Colonies 1763-1775 (Chapel Hill, N.C., 1961), p. 12.
38 Linton, p. 508.
39 "A Ranger's Report of Travels with General Oglethorpe, 1739-1742," in Mereness, p. 219.
40 Hawkins, A Sketch of the Creek Country , p. 24.
41 Samuel Mitchell, "The Progress of the Human Mind from Rudeness to Refinement; exemplified in an Account of the Method pursued by Colonel Benjamin Hawkins, under the Authority of the Government of the United States to civilize certain Tribes of Savages within their territory," The American Monthly Magazine and Critical Review, Vol. III, No. 5 {Sept., 1818), p. 359.
42 Hawkins,~ Sketch of the Creek Country , p. 24.
43 Ibid, p. 30.
44 Ibid, p. 56.
45 Ibid, p . 2 7
46 Benjamin Hawkins, Letters of Benjamin Hawkins 1796-1806, Georgia Historical Society Collections, Vol. IX (Savannah, 1916; reprinted, 1974), p. 57.
47 Ibid, p. 76.
48 Ibid, p. 56.
49 Benjamin Hawkins, "A Sketch of the Present State of the Objects under the Charges of the Principle [sic] Agent for Indian Affairs, South of the Ohio," (undated letter torn from an unknown publication; University of Georgia Library, Special Collections), pp. 6-7.
A 50 Hawkins, Sketch of the Creek Country , p. 67.
51 Hawkins, Letters of , pp. 48-9.
52 Angie Debe, The Road ! Disappearance (Norman, Okla., 1941), pp. 70-1.
53 Swanton, "Social Organization ", p. 601.

40
54 James Mooney, The Ghost Dance Religion and Wounded Knee, Bureau of American Ethnology, 14th Annual Report, Part 2 (Washington, D.C., 1896; reprinted, 1973), pp. 675-6.
55 Ibid, p. 683.
56 Louise F. Hays (comp.), Letters of Benjamin Hawkins, 1797-1815 (typescript in Georgia Department of Archives and History, WPA Project, 1939), p. 213.
57 George Stiggins, A Historical Narration of the Genealogy, Traditions, and Downfall of the Ispocoga, or Creek Tribe-of-rfidians Writ [sic] by One or-the Tribe (original manuscript:in possession of the Wisconsin Historical Society, photocopy in Georgia Department of Archives and History), photocopy p. 1V6647,
58 Mooney, p. 687.
59 Debo, p. 85.
60 Gerald H. Davis and Carl Mauelshagen (ed. and trans.), Partners in the Lord's
Work: The Diary i Two Moravian Missionaries in the Creek Country, 1807-1813
(Research Paper No. 21, Georgia State College; Atlanta, 1969), pp. 22-3.
61 Ibid, p. 53. 62 Swan, P 281.
63 Swanton, "Social Organization .. II, p. 327.
64 Hawkins, A Sketch of .. , p. 67.
65 Ibid, p. 68.
66 Antonio J. Waring (ed.), Laws of the Creek Nation (Athens, Ga., 1960; original in Keith Reed Collection, University of Georgia), p. 12.
67 Ibid, p. 27.
68 Swanton, "Social Organization .. ", p. 344.
69 Waring, pp. 19-20.
70 Ibid, p. 20.
__ 7l Ibid , p. 22.
72 Ibid, pp. 25-6.
__ 73 Ibid , p. 11.
74 The Georgia Patriot (Milledgeville), Vol. III, No. 35 (June 28, 1825. copied from The Southern Intelligencer of May 10, 1825), p. 2, c. 2.

THE DEMISE OF THE CREEKS IN GEORGIA: THE FINAL TREATIES

THE DEMISE OF THE CREEKS IN GEORGIA: THE FINAL TREATIES
On February 12, 1825, at the public house in the Indian Springs Reserve, within the limits of Georgia, a treaty was signed which signaled the beginning of a controversy of tremendous proportions. Two parties in the controversy were factions of the Creek Nation, one led by half-breed Chief William Mcintosh, who had approved and signed the treaty, and the other Creek faction led by Big Warrior, Poethleyoholola and Little Prince, who had vehemently opposed it. Georgia's Governor George M. Troup and his following formed the most verbosely defiant party and instigated a veritable states' rights battle in defense of Georgia's right to the ceded territory. The remaining party was the United States, bound by the Compact of 1802 to dispose of the Indian rights to land within Georgia.
This 1802 agreement between Georgia and the United States was the basis around which revolved the entire discussion of Indian territory in the State thereafter. By those articles of agreement and cession, Georgia relinquished to the federal government her right to the area now comprising the states of Alabama and Mississippi. In consideration for this, the United States agreed to secure for Georgia the Indian title to the land within Georgia's limits as soon asit could be done peaceably. TWenty years after this agreement, with Indians of two tribes still in possession of millions of acres of Georgia land and her own population swelling, many Georgians began to press for Indian remova1. 1b
The cessions of Indian territory that had been obtained by Georgia since 1802 were small in comparison to those of surrounding states, and it has been suggested that Georgians attributed this fact to "national selfishness," since the federal government would not profit from the sale of the Georgia lands. 2
- 41 -

42 Of the lands ceded at Fort Jackson in 1814, the much more valuable were in Ala-
bama. These lands were considered indemnity, since Alabama was the home of the
"hostile" or "Red Stick" faction of the Creeks in the Creek war. Georgia con-
tended that the land she gained in southern Georgia was not only a comparatively
small tract, but was also unprofitable for agricultural purposes. The State
was also displeased that the Creeks were guaranteed the right to all their
land not ceded by the 1814 treaty.
As a result of Georgia's dissatisfaction, a new treaty was made at the
Creek Agency on the Flint River in January of 1818, whereby 1,500,000 acre~ of
land in Georgia -- one tract on the headwaters of the Ocmulgee and a strip
north of the 1814 line -- were ceded. Still, Georgia was not content. Too
much valuable land was due Georgia by the 1802 agreement that the United States
had not yet secured from the Indians.
The Georgia Legislature sent a remonstrance and protest to President James
Monroe on December 22, 1819, approved by Governor John Clark, stating its dis-
pleasure that the United States was progressing so slowly in procuring for
Georgia the long-promised extinguishment of Indian title. Members of the Leg-
islature stated that they considered themselves "impelled by a sense of duty
which they owe themselves and the people of Georgia again to call the attention
of your excellency to a subject in which they consider their best and most permanent interests involved." 3 The protest continued:
It has been the unfortunate lot of our State to be embroiled in the question of 'territorial right,' almost from the commencement of her existence. The feelings excited by such warmth and succession of contest, have been heightened and aggravated by inconveniences and exposures incident to our frontier situation. To alleviate this condition, to circumscribe our extent of settlement and become more defensible; and finally to settle the questions of territory, limits and boundaries, were the prevailing inducements to the vast relinquishment made by Georgia to the United States, in the articles of agreement and cession of 1802. Abstractedly from these inducements, it will not be contended that other considerations could have produced the effect. The period has now arrived

43
when, in the op1n1on of your memorialists, the subject is no longer to be regulated by the rules of policy and convenience, but has assumed the more definite and substantial shape of positive right. It has long been the desire of Georgia, that her settlement should be extended to her ultimate limits; that the soil within her boundaries should be subjected to her control, and that her police, organization and government should be fixed and permanent. For the fulfillment of these desires, we have waited the tide of events, and observed the march of time for seventeen years. Within this period, we have witnessed with much gratification the spread of the Union, and the accession of States and Territories greater in extent than the original confederation. Two of the members of this vast family are the descendants of Georgia; yet, Georgia loses her strength and influence as a member of the Republic, retarded, as she is, in her growth and population, and denied the fostering aid of her common parent.4
This protest ended with a request for commissioners to treat with the Creeks
and Cherokees for further cessions of their land in Georgia.
Half-breed William Mcintosh had been leading delegations of Creeks to
Washington during the past several winters prior to 1820, and on December 31,
1819, he wrote to John C. Calhoun, Secretary of War:
We have been coming to see you every year and we begin to think that you think hard of us for coming. Our reasons for coming are these, we are afraid we are about to loose [sic] our lands for nothing, we come to our Father for Justice and we wish to know from you whether you intend to give us justice or not.S
Mcintosh also mentioned his belief that the Creeks should have been paid
for some of the Florida lands of the Seminoles that the United States had
lately confiscated. On January 6, 1820, Calhoun responded to Mcintosh and the
Creek delegation:
Brothers, I regret extremely, that you have visited the seat of government again at a season, when the public business occupies my whole time, and it is impossible to pay that respect and attention to you and the interests of your nation, which it is the desire of the Department always to do. The Department of War has always been notified on all former occasions, of your intention to visit the seat of government, and I am sorry that you have omitted to do so in this instance, and have undertaken the journey without obtaining its consent, or even that of your Agent [David B. Mitchell] as then the inconvenience which exists might have been stated to you and a

44
suitable time appointed, when the business of your nation could be attended to without interruption.6
Calhoun deftly responds to Mcintosh's request for Creek remuneration for
lands in Florida by saying that if the Creeks claimed it, they would be held
responsible for losses of United States citizens, and for expenses of the fed-
eral government in consequence of Seminole hostilities. This amount he assumes
to be greater than the value of the land. 7 Mitchell wrote to Calhoun in Febru-
ary of 1820 that he had been opposed to Mcintosh's visit and had used every
argument in his power to prevent it. He said that Calhoun's "having sent him
[Mcintosh] back in the manner you did, was the best possible course which could have been pursued & [sic] will have the desired effect." 8
In view of subsequent information, however, one wonders if Mitchell's fore-
going attitude toward Mcintosh was absolutely candid. Mitchell and Mcintosh
were partners in a store in the Creek country, and evidently cooperated for
their mutual benefit, often to the detriment of the Creeks. A letter to Calhoun
from Andrew Jackson, himself no friend of the Indians, sheds some light on the
connection between Mitchell and Mcintosh, as well as on Jackson's opinion of
them:
I enclose for your information the talks of two Chiefs of the Florida Indians, from which you will see the hypocrisy of Genl. [General] [William] Mcintosh of the Creek Nation. He is a faithful follower and disciple of his late Agent and friend [David B.], Mitchel[!]. Had I not sent on my resignation I would give him such a talk as would make him tremble. I have long known (ever since the Seminole campaign) that he wanted to become the seller of the Floridas to the U[nited] States, and then told him that he nor his nation had no claim to them, that we had conquered them from our enemies the Red Sticks, that they belonged to the U[nited] States, and that the President [James Monroe] would order to the boundary of the Creek nation those Indians within the limits of the Flori-
das -- .
It will be well to write Mr. [John] Crowe![!], [the present Creek agent] and Mr. [John R.] Bell a talk to give to this hypocritical tool of the late Agent. Permit me to bring to your view one piece of conduct that Mr. Crowel[l] ought to receive particular instruction about. Mitchel[!] still continues a store in partnership with Mcintosh as I am advised. They credit Indians Tom, Dick and Harry (if honest), or fictitious persons (if dishonest ' ). When

45 the Annuity is to be paid they exhibit the account unpaid, and claim it out of the Annuity. The Chiefs under the influence of Mcintosh (the Big Warrior among the rest) allow the claim, and in this way, at the last Annuity received, a very large amount of the money to be distributed, is secured which is swindling the nation completely ....9
A white man who had lived in Creek country for over 10 years stated that during Mitchell's term as Creek agent Mcintosh had control of the funds "and in certain matters was in fact the agent. " 10 Mitchell, who had been governor of Georgia prior to his acceptance of the position of Indian agent in 1817, was dismissed from the agency in 1821. He was charged with smuggling slaves into the Creek territory for speculative purposes, and although he maintained they were owned by respectable men who were transporting them into Alabama territory, the President finally decided the evidence was so clearly against him that Mitchell was dismissed.ll
President Monroe recommended in a message to Congress on March 17, 1820, that appropriations be made available to purchase the remaining Indian lands 1. n Georg1. a. 12 After the refusals of Andrew Jackson, Thomas Flournoy, Andrew Pickens and several others to serve as United States commissioners, Daniel M. Forney of North Carolina and David Meriwether of Georgia were finally appointed. 13 Flournoy had declined the commission because he felt Georgia commissioners were allowed too much authority in the conferences. In this, Flournoy rightfully foresaw problems; the interference of Georgia commissioners certainly became an issue in subsequent negotiations, especially in 1825.
David Meriwether was, at the time of his appointment by the President, one of the commissioners of Georgia who were to represent the State in effecting the treaty. John C. Calhoun, the Secretary of War, had written Flournoy that State commissioners "cannot without holding a commission also from the United States" have power to conclude and sign the treaty. 14 Since the

46
President felt it incompatible that one should hold both State and federal
commissions, Meriwether was asked to resign his State commission, which he
did. Evidently, the federal government, at the instigation of Calhoun, was
attempting to cooperate in the fullest manner with the State of Georgia.
Commissioners of the United States and Georgia met the Creeks at Indian
Springs in December of 1820. The Secretary of War had instructed Meriwether
and Forney to try to obtain a cession preferred by Georgia of the northern Creek country, which would separate the Creeks from the Cherokees. 15 Georgia's
tactic was to press for adjustment of $250,000 in claims made against the Creeks that had been promised in previous treaties as far back as the Revolution. 16
William Mcintosh spoke for the Creeks, saying that he knew nothing of most
of the claims; that the Creeks had returned many blacks and prisoners over the
years, under the impression that they were meeting treaty provisions. He also
stated that he was surprised at the many trifling claims presented by the Georgians, and that the Creeks had many claims also. 17
A letter from Georgia Commissioners David Adams and Daniel Newman to Gov-
ernor John Clark sheds light on their behind-the-scenes maneuverings at the
first Indian Springs treaty meeting:
Indian Springs 31 Dec 1820
Dear Sir, Our prospects of obtaining land from the Indians upon our first
arrival were very gloomy, but they now begin to brighten. We are of the opinion that we can obtain all the land on this side of Flint river at least, and perhaps, from Mcintosh's road where it crosses Flint, in a direct line to Fort Strother upon the Coosa. To effect this it will be absolutely necessary to employ about twelve or fifteen thousand dollars by way of presents in addition to about fifteen or twenty thousand dollars which the Commissioners on the part of the U.[nited] States are willing to advance for the same object.
General Mcintosh is very unwell but if his health should improve and the treaty be effected, he will pay you a visit in a few days for the purpose of obtaining money and we are in hopes the fine opportunity of obtaining a vast acquisition of territory so highly beneficial to our State and fellow citizens generally, will not be neglected, for the want of a little money, even if it should amount to forty thousand dollars.l8

47
Governor Clark, on January 6, 1821, ordered that a warrant be drawn on the State treasury "in favor of" General John Mcintosh, one of the Georgia commissioners, for the sum of $15,000, as requested in the above letter. 19 On the 20th of that month, $1,212 of that amount remained unexpended and was returned.20 Exactly how this money was dispersed is unknown; perhaps it was bestowed as "presents" to the 26 chiefs, or some number of them, who signed the treaty. Unfortunately, such gifts were not an uncommon practice. Originally, gifts
were exchanged between European explorers or early colonists and the Indians whose territory through which they traveled as a token of respect. The practice gradually declined, with the Indians beginning to expect presents, playing off the different European powers for the most desirable favors. By the time of the 1821 Creek treaty, these "gifts" had become, at best, inducements, and at worse, outright bribes.
By the 1821 treaty, the Creeks gave up all their land between the Ocmulgee and Flint rivers:
excepting and reserving to the Creek Nation the title and possession, in the manner and form specified, to all the land hereafter excepted, viz: one thousand acres, to be laid off in a square, so as to include the Indian Spring in the center thereof; as, also six hundred and forty acres on the western bank of the Ockmulgee [sic] river, so as to include the improvements at present in the possession of the Indian Chief General William Mcintosh. 21
Also excepted were one-square-mile reserves to four of the Barnard family and one other man, which would revert to the ceded territory when abandoned by the occupants. Significantly, the Indian Springs reserve was not, according to the treaty, reserved for Mcintosh. In documents attached to the 1825 treaty, however, a notice appears that six Creek chiefs, including Little Prince, the head chief of the Nation, had relinquished the reserve to Mcintosh.22 By , that treaty, Mcintosh was to have been paid $25,000 for his two reserves. 23

48
Such large gifts indicate that some chicanery was involved. A white man who had lived in the Creek country since 1811 stated that the Indians had indeed b.een jealous and distrustful of Mcintosh because of his participation in the 1821 treaty, and that:
it was with considerable difficulty that he was forgiven .but Mcintosh was forgiven in consequence of saying that the nation was in debt to Georgia, and that was the cause of the treaty of 1821 and that any man should die who should thereafter offer to sell.24
Georgians were pleased with the 1821 cessions, but did not slacken their pace in continuing to press for Indian territory. George R. Gilmer, a member of the Troup party in Georgia, chaired a committee in the United States House of Representatives that presented in January of 1822 a report on the "Extinguishment of the Indian Title to Land in Georgia," which stated:
It will be necessary for the United States to relinquish the policy which they seem to have adopted with regard to civilizing the Indians, and rendering them permanent upon their lands.
In many treaties, a statement was included which guaranteed to the Indians their remaining land. The United States, it seems, never kept her word in this, but Georgia, nevertheless, was disturbed. So Gilmer's committee was, in effect, agreeing with Georgia, recommending an appropriation for holding further treaties with Creeks and Cherokees to extinguish their titles to Georgia land. In May of 1822, a $30,000 appropriation was earmarked for Creek lands, and two Georgians, Meriwether and Duncan G. Campbell, were appointed to treat with the Indians. 26 After having approached the Cherokees, who met them with firm refusal in 1823, the two men turned toward Creek lands, thinking that the Creeks might be more open to a cess~.on. 27
Meanwhile, in the late fall of the same year, a man was elected governor of Georgia who was to remain on center-stage during the entire Creek contraversy: George M. Troup, who was, significantly, a cousin of William Mcintosh.

49
Troup, an ardent states' rights partisan, created out of the Creek land struggle a states' rights battle which foreshadowed the Nullification controversy.
The events of 1824 then began to build dramatically toward the February, 1825, treaty conference at Indian Springs. Before tracing this story, however, it would be worthwhile to consider briefly this place called Indian Springs.
In none of the maps John Swanton includes in his definitive Early History of the Creeks is there a village located at Indian Springs, indicating that it was not, as some legends contend, a sacred site for the early Creeks.28 Indeed, it was probably not even a village site at an early date. In tracing one of the major Creek trading paths, the path to Oakfuskee, however, Dr. John Goff determined that this path did pass through Indian Springs on its trail from Augusta to the Creek village of Oakfuskee in Alabama. 29 In fact, according to his map, "The Path to Oakfuskee and Its Major Connections,'' the main path from Augusta met the Seven Islands Trail near the mouth of Wise, or Kinnard, Creek on the Ocmulgee River. The 1821 map of original Henry County 30 shows this path converging with another from Mcintosh's reserve on the Ocumlgee, this one continuing through Indian Springs, where it then converged with another trail, southwesterly on a course that, according to Dr. Goff, largely remains. In lower Butts County, near the site of Eligin Church, the trail forked, to the southwest going the Alabama Road and to the northeast going the combined Oakfuskee Path and Mcintosh Road, which continued together until it forked near Double Cabins in present-day Spalding County. The Mcintosh Road then continued to Mcintosh's reserve in Carroll County on the Chattahoochee, south of Whitesburg, and the Oakfuskee Path veered left towards Griffin.
This path was probably an aboriginal thoroughfare that was first used by white men about the beginning of the 18th century, becoming important for the trade of animal skins to the Augusta area and Charleston. Dr. Goff suggests there is also evidence that the trail was an "arterial war path," as well as a

50 route used by the British to carry on their imperial struggle. 31
So, Indian Springs, although it does not seem to have been the site of an early Creek village, was neither a remote location. How it was chosen for the site of the 1821 treaty is a matter upon which we can only speculate. A notice in a Savannah newspaper in June of 1820 announced the discovery of a spring near Ruckersville and states that it ''is- thought by many to be equal to the Indian Springs which has for a considerable period been in high repute."32
Perhaps, then, it was chosen simply because it was a well-known site within Indian territory and very near to the Georgia settlements. One wonders, however, if Mcintosh might have been involved in a pre-conference agreement to hold it there. By 1820 it seems that the site was beginning to be a sort of frontier resort, as we do have indications that Georgians were then visit- . ing it to enjoy the mineral waters. On August 30, 1823, another notice then appeared in a Savannah newspaper, "from a gentleman now at Indian Springs":
The country about this place is very hilly, rocky, romantically wild, and thinly inhabited. The unusual sickliness of the surrounding country, has rendered the Spring a resort for such numbers that the accomodations [sic] are by no means equal to the influx, and I am now writing in a little log hovel with fifty avenues, which admit indiscriminately, hornets, flies, spiders, showers, wind and sunshine .. The mineral spring is situated about a quarter of a mile from the tents as they are termed. 33
As it seems probable that a gentleman so concerned with the discomfort of his environment would have mentioned the existence of a tavern at his vacation site, his statement indicates that the building which occasioned this report had not at that time been constructed. By August of the following year, there are indications that the "Mcintosh Inn" had been erected, however. An article
appeared in the Georgia Messe.nger at that time which concerned Indian Springs and the celebrity of its waters:
They [the waters] have been resorted to at this season much more than at any former one. About two weeks since a census of the visi-

51 tors then present was taken, and they amounted to more than 500; and two or three days after it was supposed to have increased to 700. The proprietor has made every exertion to accommodate his numerous customers, and has succeeded as far as could be expected considering the very short time since he commenced his establishment. [Underlining by author.]34
All the evidence found suggests that although the inn was built on the 1,000-acre reserve presented to William Mcintosh by other Creek chiefs he was never the proprietor of the inn himself. Apparently, he leased the entire reserve, or some portion of it, to a Joel Bailey. 35 The specifics of their
business affiliation, however, have not come to light beyond this fact. Joel Bailey was proprietor of the inn for a number of years before it was
sold by the State in 1828, 36 and he was also a participant in the unsuccessful treaty proceedings at Broken Arrow in December of 1824, having attended, in fact, at the request of Chief Mcintosh. An extremely active volunteer in assisting the commissioners at Broken Arrow, Bailey later was authorized or sanctioned by them to make certain propositions to Indian chiefs, including Little Prince and Mcintosh, as well as to Nimroyd Doyell, a trader and Indian countryman. 37 Bailey seems to have enjoyed little success in these endeavors, however.
Bailey later stated that he took no active part in assisting to make the 1825 treaty, "in consequence of his engagements, being crowded with company." 38 He was, he stated:
keeping a public house at which the U.S. Commissioners put up, as well as all persons here at the time, entertaining the Indians also, as well as the Indian Agent Col. Crowell.39
The commissioners paid Bailey $4,073 for expenses during the February, 1825, treaty conference, apparently for the use of the inn, cabins, for meals, and forage for horses. 40
But this is perhaps proceeding too quickly. The events of 1824 in Georgia

52
politics, Creek affairs and the relations of both to the United States govern-
ment must be followed carefully as they built progressively toward the 1825
controversy.
George M. Troup was elected governor of Georgia by the State Legislature
on November 6, 1823, his party being of the more aristocratic planter element
in Georgia, while the Clark party was that of the less prosperous, frontiersman
element. 41 Having been defeated twice for the governorship by John Clark
[Troup's opponent in the 1823 election was Matthew Talbot of the Clark party],
Troup was especially determined to prove himself to his electorate this time.
At any rate, his temperment from the very first was noticeably fiery and his
manner rather arrogant.
Troup took as his cause celebre the Indian question and began immediately
pushing for Indian removal from within Georgia's borders. He sent a message to
the State Assembly on December 15, 1823, urging the legislators to demand of
the United States the extinguishment of Indian claims:
The repeated remonstrances to the general government, urging the extinguishment of Indian claims to lands within our territorial lirnr its, have only resulted in partial concessions of territory. Notwithstanding the pledged faith of the general government in the articles of agreement and cession, frequent occasions have been omitted to fulfill her obligations to Georgia. It is mortifying enough to advert to the single one of 1814, when, disregarding positive obligations to Georgia, as stipulated by compact, the United States suffered a large extent of Indian country to pass into the hands of others to whom she was not bound by engagements of any kind. The same treaty ought to have extinguished for Georgia the Indian claims to all the lands within her limits -- she was not noticed in it. In every subsequent negotiation with the Indians, it would have been as easy to have acquired the whole, as part of the territory. The failure is to be sought in the parsimonious appropriations of money on the part of the United States, and the consequent limited instructions to her agents. A wise economy would have dictated the application of abundant means under favorable auspices, to do at once what she knew sooner or later she would be obliged to do. From the moment the general government entertained a belief that Georgia would be satisfied with small appropriations of money for the acquisition of small portions of lands, things have been growing worse and worse. The general government itself is daily multiplying obstacles (innocently, to be sure,) to the further acquisition, and its practice is so far variant from its theory,

53 which teaches that a concentration of the tribes is one of the most effectual modes of advancing their civilization . I recommend to you, therefore, to address yourselves, once more, and for the last time, to the justice of the United States, in language firm but respectful, to demand and insist on, 1st, A liberal appropriation of money to extinguish the Indian claims to all the lands within our territorial limits -- 2ndly [sic], Commanding instructions to her agents, whoever they may be, that what of right ought to be done, shall be done.42
After approval by a joint committee of the State Legislature, this message was
sent to the President, as suggested by Governor Troup.
During this same period, the winter of 1823-24, a delegation of Cherokees
was in Washington, having been sent by the Nation with a message to President
Monroe stating that "the Cherokee nation have [sic] now come to a decisive and unalterable conclusion not to cede away any more .lands."43 Members of this
delegation suggested that, if Georgia needed more land, that she purchase it
from Florida. Of course, this proposal did not set at all well with Governor Troup, and on February 28, 1824, he addressed a letter to Secretary of War
John C. Calhoun, under whose jurisdiction Indian affairs were placed until the creation of the Office of Indian Affairs in 1825. Troup contended that from
the signing of the Compact of 1802 the Indians within the limits of Georgia
had lost their right to that land and that if the Indians were to persevere in
their rejection of Georgia's rights, the federal government had one of two
choices in the matter:
[firstly, to] assist the Georgians in occupying the country which is their own, and which is unjustly withheld from them; or 2ndly, in resisting the occupation, to make war upon and shed the blood of your brothers and friends.44
Troup was beginning at that point to earn the well-deserved appellation
of ''hotspur," given to him often by historians; indeed, he was suggesting well
before nullification became a rallying cry that the United States would have to fight Georgia if she denied her the Indians' lands.

54
-
Also during the 1823-24 winter, Troup began leveling accusations against the federal Indian agent to the Creeks, John Crowell. 4 5 Rev.. William Capers, a missionary in the Greek territory, had complained to Troup that Crowell had inter-
fered with the "liberty to worship God" by denying the missionaries the right to preach. 46 Crowell maintained that the prohibition against preaching stemmed not from himself but from the Creek National Council. He was by this time,
however, decidedly unfriendly to Mcintosh and Troup, who favored the missions. Troup, without a doubt, was eager to submit to Calhoun such a complaint
against Crowell; in fact, he added his own complaint . to that of Capers, charg-
ing that Crowell,
abandoning his station, did, for political purposes repair to the seat of gov't. of Georgia, with the sole view and intent to use his influence in behalf of one of the candidates [Troup's opponent] at the late election for Governor, and did so use it in the most open, public and grossly indelicate manner; thus intermeddling [sic] in the political affairs of a State.47 Thus began Troup's campaign to defame any agent of the federal government he felt in any way hindered or even slowed Georgia's progress toward gaining Creek lands. Secretary of War Calhoun directed Crowell to support any society which attempted to improve the condition of the Indian. 48
On March 30, President Monroe reported to Congress concerning the 1802 compact, reviewing its history and contending that the United States had kept its part in the bargain. 49 Chaired by John Forsyth of Georgia, a House of Representatives committee to whom the President's message and the Georgia Legisla':"" ture 's meoorial had been referred, reported on April 15 that its members
agreed with the Secretary of War 1 that no opportunity of extinguishing the Indian title, on reasonable terms, has been neglected by the General Government, 1 for its own use; but they do not perceive that the same zeal has been successfully exerted for the State of Georgia.SO
They advised that the United States was (1) "bound by their [its] obliga-
tions to Georgia" to take the necessary steps to immediately remove the Chero'-

55
kees; (2) should make an arrangement with Georgia which would "lead to the
final adjustment of the claims of that State," under the Compact of 1802, with
the least possible inconvenience to the Cherokee and Creek Indians within the
boundaries of the State; and (3) should appropriate money for the purchase of the Indian title to land in Georgia. 51 Following this, Governor Troup addressed
a letter of protest to Secretary of War Calhoun on April 24, 1824, in which he stated:
I cannot refrain from the expression of my surprise at the late communication which the President has thought proper to make to Congress, on the subject of the claims of Georgia against the United States, under the articles of agreement and ces.sion of the year of 1802.
Assuming, as it does, principles which I controvert; asserting facts whicQ I cannot permit myself to admit, it becomes my duty in the recess of the Legislature of Georgia, to enter my protest in behalf of the people of this State against them. The avowal of these principles, the assertion of these facts, involves the destruction of the compact between Georgia and the United States, makes it null and void, and leaves no alternative to Georgia but acquiescence or resistance.52
And it was certainly never in Troup's mind to acquiesce! He suggests, in a sarcastic vein, that the United States give Georgia back her lands, and Geor-
gia give back the npney she was paid, whereupon she wot~ld then bargain herself
with Alabama and Mississippi. About a month later, however, on May 26, a new
appropriation was made which served to cool tempers for a short time.
Meanwhile, the Creeks were formulating plans for their resistance, having
met at Tuckabatchee on May 25 and resolved in council "to follow the pattern
of the Cherokees, and on no account whatever will we consent to sell one foot of our land, neither by exchange or otherwise. "53 It is generally assumed that
the Creeks were encouraged to take this step by communications from Cherokee
chiefs the preceding autumn. At that time, William Mcintosh had attended a
Cherokee National Council in New Echota and submitted the following letter to
John Ross, council president, on October 21, 1823:

56
My friend I am going to informyou a few linesas a friend, I want you to give me your opinion of the treaty' whether the chiefs will be willing or not. If the chiefs feel disposed to let the United States have the land part of it, I want you to let me know. I will make the United States commissioners give you two thousand dollars, A[. ] McKoy the same and Charles Hicks .$3000 for present and nobody shall know it. And if you think the land wouldn't [be] sold. I will be satisfied. If the lands should. be sold I will get you the amount before the treaty sign, and if you get any friend you want him to received [s!c] they shall received [sic] the same amount. Nothing more to inform you at present. . . the whole amount is $12,000. You can divide among your friends exclusive $7,000 .. . 54
Perhaps ~fcintosh was not as shrewd as he has been said to be, as he certainly
attempted to bribe the wrong man in this situation. John Ross had the letter
read in the Cherokee National Council :Ln the presence of Mcintosh, and then
ordered him out of the Nation. The Cherokee chiefs then sent a messenger to
Big Warrior, Speaker of the Upper Creeks, and Little Prince, Head chief of
the Creek Nation; informing them of Mcintosh's proposal to sell land. The com-
munication warned them to ''keep a strict watch over his conduct, or, if you do not, he will ruin your nation."55
Encouraged by this information to protect themselves, as well as by cop-
ies of allthe Cherokee proceedings inWashington of the previous winter, the
Creeks gathered at Tuckabatchee on the Tallapoosa River in May of 1824. There,
they mac;le , a resolution ill anticipation of the approaching treaty conferences:
they would . cede no more land. According to the United States commissioners'
report frol1l Broken Arrow in December of 1824, the Tuckabatchee proceedings were
reduced to ,writing by the sub-agent, Captain Walker, a son-in-law of Big War-
rior. . Big Warrior supposedly carried the resolution to a council at Broken
56
Arrow in June, where only Mcintosh obJected to it. James Meriwether and Duncan G. Campbell, both residents of Georgia, were
commissioned in the sumnier of that year to treat for Creek land, and they imme-
diately began making plans to meet the Creeks at Broken Arrow in late November.

57

Forewarned by Crowell to prepare for a large gathering, they contracted with a

private

party

for

20,000

rations

to be

supplied

the

57
Indians.

It was not so simple to prepare in other ways, however. Secretary of War

Calhoun wrote to Campbell on September 13, 1824, that the United States had no

land available west of the Mississippi that could be offered in exchange for

the Creek land in Georgia. Although the United States would have preferred an

exchange, Calhoun assumed the Creeks would not agree to a proposition condi-

tioned on elCtinguishing the claims of other Indians to make way for the Creeks, in any event. 58

The commissioners arrived at Broken Arrow on the .Chattahoochee on November

30, and the council commenced on December 4, 1824. Crowell had predicted that approximately 5,000 Creeks would attend the gathering, but so many more Indi-
ans continued to arrive that orders for more provisions were given every several days. 59
In theirfirst address to the Creeks on December 7, the commissioners referred to the 1802 agreement, whereby the United States had promised to purchase for Georgia all the lands within her limits. They acknowledged that the Creeks were surrounded by white people, and that encroachments were common occurrences on both sides. In making their proposition, the commissioners erroneously stated, however, that the United States had "extensive tracks [sic] of country" under its dominion beyond the Mississippi, and they offered this territory in exchange for not only the Creek land in Georgia but for all of their territory. In addition, the commissioners would offer a sum of money
not yet st1.pu1ated 60
Little Prince, Poethleyoholo as Speaker of the Upper Creeks, Mcintosh as Speaker of the Nation and Hopoy Hadgo responded to the commissioners' opening proposition by stating that they had

58
never before this time been acquainted with, nor are we now convinced that any agreement between the United States and the State of Georgia will have the effect of alienating the affections of a just parent from a part of his children, or aggrandizing the one by the downfall and ruin of the other. That ruin is almost the inevitable consequence of a removal beyond the Mississippi, we are convinced. It is true, very true, that we are 'surrounded by white people;' that there are encroachments made. What assurances have we that similar ones will not be made on us, should we deem it proper to accept your offet, and remo~e beyond the Mississippi? And how do we know fhat we would not be encroaching on the people of other nations ?6
On December 15, Campbell and Meriwether learned that the sub-agent, Cap-
tain Walker, had written the two Creek propositions against ceding land, that
adopted at Tuckabatchee in May and another at the Pole cat Springs meeting in
October of 1824, which warned that "guns and ropes" would be used against
anyone ceding land. This latter meeting, Campbell and Meriwether discovered,
had been held at Walker's house. Their surprise at learning this was aug-
mented by the knowledge that notice of these proceedings had not been sent to
Washington. It was not until this point that they began to suspect Crowell
was somewhat less than enthusiastic, an opinion which seemed to carry more
.weight when they also received a communication from Governor Troup insinuating that Crowell w.as not in favor of a cession. 62
As the commissioners began to be anxious for success, they suggested dis-
charging the majority of the Creeks, continuing tpe discussions with only a
number of chiefs and abandoning the public square for a more convenient and comfortable room. 63 All of their suggestions were denied, however, although they
had probably begun private talks with some of the Indians by that time, as they
wrote Troup on December 14 that they had been "on a small excursion up the river on business most importantly connected with our mission." 64
From the testimony of at least three men it seems that Mcintosh had
become alarmed for his life at Broken Arrow. Apparently the Creeks had begun
to suspect him of holding secret talks with the commissioners and he was bro-

59
ken as Speaker of the Nation.65 Joel Bailey stated that Campbell had tried to
persuade Mcintosh to advocate a cession in open council and, in fact, Bailey
took him from his son Chilly's house to the council for that purpose, but was
disappointed. He further stated that Mcintosh "gathered from some source the
intention of the Indians to execute him at Broken Arrow and went off at night to one of his houses on the Chattahoochee. "66
On December 18, an adjournment was decided upon. The commissioners were
well aware of the factional strife among the Creeks and felt at this time that
they could procure a treaty from the chiefs of Mcintosh's faction. Campbell
then departed for Washington to inquire as to whether they might treat with the
"friendly" party alone for the lands in Georgia. He arrived in Washington by
January 11 and was there informed that the President declined granting them
the authority to treat with the Mcintosh party. At this, the commissioner then
requested permission to reassemble the chiefs of the whole Nation and treat for
the entire Creek lands, but reserving the right to accept a treaty signed by
Georgia chiefs for Georgia lands, providing this was assented to by the other
chiefs. This request was met by the following reply from the War Department:
The President has deliberately considered the proposition submitted by the Commissioners to treat with the Creeks, of holding a separate treaty with General Mcintosh for a cession of that po.rtion of the Creek territory lying within the limits of Georgia: and, although he is very desirous of acquiring for the State of Georgia the land in question, he is of opinion that he cannot, with propriety, authorize the treating with G~neral Mcintosh alone, as proposed by the Commissioners. There could be no objection to an arrangement with him to abandon the country which he now occupies, and to settle, with his followers, on such a tract of country as might be assigned to him on the West of the Mississippi; but the President is of opinion, that it is not in the power of General Mcintosh to cede any portion of the land belonging to the Creek nation, without the consent of the nation itself. The principle on which such cession would be made, without such consent, would involve the idea, that every individual in the nation would have a right to cede to the United States the particular portion of the country in which he might be in actual occupancy; and would, in effect, completely destroy that degree of independence which,

60 under the laws, treaties, and usages of the government, they have ever enjoyed. 68
Presidential consent was given to a renewal of negotiations, but the commissioners were warned:
Whatever arrangement may be made with General Mcintosh, for a cession of territory, must be made by the Creek nation in the usual form, and upon the ordinary principles with which treaties are held with Indian tribes.69
The President also allowed Campbell the discretionary power to change the location of the treaty council, and Campbell, no doubt well aware of the significance of this move (whether the President understood it or not), determined that they would meet not at Broken Arrow but at Indian Springs. He then wrote to Crowell on January 12, 1825, that they would meet the Creeks at that
place on February 7. 70 In the meantime, a group of Creeks of the Mcintosh party had sent a mes-
sage to the President on January 25, asking for protection from Big Warrior's faction. At the same time, members of this group (together with the chiefs of the Creek towns of Coweta, Taladega, Broken Arrow and Hitcheta) appointed Mcintosh and seven others, authorizing them to sign any treaty for an exchange for lands west of the Mississippi. 71
The Monroe administration, provided with Campbell's complaints and accusations against sub-agent Walker -- that he had attempted to defeat the successful termination of the treaty, had "prostituted the duties of his office, and wantonly intermeddled " -- had him dismissed as of January 11, 1825. 72 Campbell had complained of Crowell as well, but evidently Crowell had been careful to maintain his neutrality, so that no specific charges could be brought against him.
The commissioners arrived at Indian Springs on February 7, where they found that so few Creeks had arrived that they could not open the conference.

61
Confidel'\tly, however, they waited. It should not be forgotten that at this time Indian Springs was a 1,990-acre reserve belonging to Chief Mcintosh and located within the limits of Georgia, and that also, having become something of a frontiir resort for Georgians, it must have been a less than acceptable place to many of the Creeks for holding a_ treaty conference at th,is critical time in their history.
In Crowell's defense hf! responded to the question . of why the treaty ground was changed from Broken Arrow to Indian Springs. Mcintosh had told Joel Bailey and the commissioners at Broken Arrow that he was willing to sign a treaty at his hol.lse but feared to do so in the square. Crowell's well-founded speculation was that the site was changed to relieve the fears of Mcintosh. Joel Bailey, and the inn at Indian Springs, formed a superficially acceptable public
site, however, for the signing, and had the additional advantage for the commissioners' underhanded purposes of also being, in one sense, ''Mcintosh's house." 73
By Thl.lrsday, Februliiry 10, about 400 Indians had arrived at Indian Springs, and Campbell and Meriwether decided to open the conference. This number was certainly f<:tr short of the 6,000 to 10,000 Creeks who had attended at Broken Arrow, and was also certainly an indication that there was not a full representation at Indian Springs in 1825. 74
According to their journal, the commissioner.s "prepared a large council room," 75 which must have been in the only public house or tavern existent in Indian Springs, that operated by Joel Bailey.
At any rate, on Thursday, the commissioners presented their first "talk" to the Cree,ks, proposing an exchange of Creek land for land west of the Mississippi plus $500,000. 76 On the following day, Poethleyoholo, a chief of Tuckabatchee who was representing Little Prince and Big Warrior, spoke to the asseubly. Pointing out that this meeting was called on very short notice, he

62
said the chiefs at I~dian Springs had no authority to treat and that the Creeks had no land to sell. He then invited the United States representatives to meet a full ~ouncil of the Creek Nation at Broken Arrow in tpree months. He further . stated:
From what you told us yesterday I am induced to believe that it may be best for us to remve, but we must have time to think of it; and should the chiefs who are here sell the land now, it might create d'issentions and ill blood among the Indians. I have received a message from my head chief, the Big Warrior, directing me to listen to what the commissioners have to say, to meet them friendly and part in the same way but not to sell the land.77
On the morning of February 12, a' Saturday, the commissioners were informed that members of the delegations from two Creek towns, Cusseta and Soowagaloo, had .broken camp during the previous night and departed for home. As both of these towns were on the Chattahoochee near Coweta, it is likely that they had been counted on to support Mcintosh's treaty plans, and Campbell and Meriwether sent off a runner to pursue them and to determine ''under whose order they [were]
acting."7f3 But the commissioners did not let this occurrence hinder their plans for obtaining the treaty. That same afternoon, at two o'clock, only two days after the conference had begun, the commissioners,
having prepared a treaty in conformity with the wishes of a large poJ;"tion of the chiefs, met the council, when the treaty, having been fully interpreted and explained, was signed by all the chiefs ptesent, except the delegation from Tuckabatchee, and one chief from Taladega. 79
Captain Thomas Triplett, who was later appointed acting agent, noted th-7t
when Mcintosh was called up to sign the treaty, Poethleyoholo advanced and met him at the table, and said, my friend, you are now about to sell our country; I now warn you of your danger.BO
The Tuckabatchee chiefs. then left the council and probably departed from Indian

63 Sp~ings that same day.
John Crowell signed the treaty as a witness, perhaps because of his very specific instructions from Washington:

Spare nopains in preparing the J:ndians for the meeting, and con. ttibutin~ to the sticcessful terminat:ion of the negotiation; and it is also expected that you will cheerfully, and with alacrity, obey such instr~ctions as you may receive from the commissioners in the
fulfillment of their d.uties under the instructions of the Department. 81

Nevertheless, on Sunday, February 13, Crowell saw fit to address .a letter .of protest to the Secretary of War, informing Calhoun that, in his opinion, the treaty 'was not made in accordance with :l.nstructions.

Yes'terday a treaty was signed by Mcintosh and his adherents alone.

Beingfully convinced that this treaty is in direct opposition to
the letter and spirit of the ins truetions which I have a copy of, I

feel it to be my bounden duty, as agent of the government, to apprize

you of it, that you may adopt such measures as you may deem expedient

as to . the ratification; for, if ratified, it may produce a horrid

state .of things among these unfortunate Indians. It is proper to

remark, that with the exception of Mcintosh, and perhaps two others,

the signatures to this treaty are either chiefs of low grade, or not

chiefs at all; which you can perceive by comparing them with those to

other treaties, and. with the receipts for the annuity; and these

signers are from eight towns only, when there are fifty-six in the

nation.

.

I )Jegyou to be. assured that 1 pursued strictly your instructions

in relation to this negotiation; and although the treaty has not been

made in conformity with the instructions with which I have been fur-

nished, yet 1 think it can be at no dista:nt day, to the entire satis-

faction of the Gove.rnment. I have made these hasty remarks from a

conviction of duty, to apprize you of the manner in which it was

acco1!1Plished . A deputation of head chiefs are desirous of visiting

Washington, to have a fuli and fa:l.r understanding 82

Campbell and Meriw~ther met the council again on Mon,day morning, February 14, when an additional article was agreed upon by nine chiefs remaining at Indian Springs. 83 This . article stated that the Indian Springs reserve, which was granted to the Creelts in 1821 and pad been relinquished to Mcintosh by the Nation, 84 along with a 640-acre reserve on the Ocmulgee, would be ceded to the United States for $25,000. Considering that the same treaty agreed t() pay

64

(besides an acre-for-acre exchange) for all the lands ceded -- all that within

Georgia's boundaries as well as all that Creek territory north and west of a

line from the first principal falls on the Chattahoochee, above Cowetatown, to

Oakfuskee Old Town on the Tallapoosa, thence to the falls of the Coosa River

near Hickory Ground -- only $400,000, Mcintosh's sum is comparatively quite

high for 1,640 acres. 85

That Mcintosh was to be paid an inordinate amount of money for his two

reserves does not appear to have been the only indication of attempted bribery

at the 1825 treaty, however. Evidently a brother-in-law of Campbell, William

Williamson, was busy offering bribes to a number of persons in anticipation of

~

-- ..

their help in procuring the treaty. William Hambly, who was the United

States interpreter, stated that Williamson offered to share with Hambly the

money he had been promised for helping remove the Creeks if Hambly would use his influence to effect the treaty. 86 The amount stipulated was $8,000. Ano-

ther witness, William Lott, was offered for his assistance $1,000 by Williamson and a mile square of land if they succeeded in obtaining the Creeks' land. 87

Major General Edward Pendleton Gaines, who was appointed by the President to investigate the treaty, 88 determined in a report gathered from the full

council of the Creek Nation that, of the 52 signers of the 1825 treaty, only

one, Mcintosh, was a chief of the Nation, and he being fifth in rank in the

Nation as well as the military chief. There were five "underling chiefs of

inferior degree," and all of these first were six from one town, Coweta.

Twenty-six were found to be executors of the laws, 18 held no titles, and 14

were broken or dismissed chiefs. Two signers could not be identified at all. Also, the 52 signers represented only eight of 56 towns in the Nation. 89 It

is no wonder, then, that the Creeks adamantly stated that they had sold no land and refused to accept any of the money promised them in the treaty. 90

Immediately after leaving Indian Springs, Mcintosh and a delegation of

65
his supporters went to Milledgeville to seek the protection of Governor Troup.
Accordingly, Troup sent his aide, Colonel Henry Lamar, to warn the opposition
party of the Creeks that Mcintosh was under his protection. Lamar reported
that he thought the Creeks would acquiesce if the treaty were ratified; he thought Mcintosh was in no danger. 91
Crowell's protest, which had been sent hastily to Washington the day fol-
lowing the signing of the treaty, was apparently not given much notice upon
its arrival, perhaps because of Crowell's known opposition to Governor Troup.
At any rate, the treaty was ratified by the Senate on March 3 and was signed
by the President, John Quincy Adams, on March 5, the day after he assumed that
office. On the following day, the protest of the Creek chiefs who had met at
Broken Arrow was received in Washington by Crowell (who had gone there to protest the treaty) and presented to the War Department. 92 According to Poethle-
yoholo, Mcintosh had refused to attend the council at Broken Arrow, and this was reason enough, Poethleyoholo stated, for his execution. 93
On May 20, President Adams wrote of the treaty:
It ought never to have been made; but nothing could have arrested the progress of this iniquity after the selection of two Georgians as Commissioners for negotiating the treaty. They concluded the treaty directly in the face of their instructions; but when the treaty came here, the President could not withhold it from the Senate, and when before the Senate, no one would take the invidious task of exposing its injustice. The Senate sanctioned its ratification without giving it an examination, and I had no practicable alternative but to ratify it accordingly. The Clarke [sic] party in Georgia already make [sic] it a matter of public reproach against me,94
Neither the January 25th plea for protection by the Mcintosh party,
Crowell's protest of February 12 or his presence in Washington criticizing the
treaty were enough to convince any responsible party in Washington to fight
for an investigation into the circumstances surrounding the Indian Springs treaty. Evidently, the Georgia Congressmen had been preparing the way for the

66 treaty's approval. 95 But the Creeks who had opposed it were filled with right-
eous indignation and an anger which would defy all attempts at inaction or
oversight at such injustice. On March 26, 1825, the following notice appeared
in Niles Weekly Register:
The Creek Indians are reported to be much agitated in consequence of the late treaty Cheely [Chilly] Mcintosh is said to have been stabbed -- and the life of his father, Gen. Mcintosh threatened; and that the property of the latter was seized, etc. It is feared, that a civil war will break out among them.96
Rumors were definitely running rampant! At that time, in fact, no one had
been stabbed, and no property had been seized, but the level of tension and
excitement was dangerously high. And for Governor Troup to choose such a time
to insist upon beginning to survey the fraudently-ceded Creek territory only
speaks for his disastrous incaution.
Insisting that he had no intentions of hurrying the Creeks' departure,
Troup wrote to Mcintosh on March 29 requesting his permission to begin survey-
ing the ceded land,97 although the treaty had guaranteed the Creeks their right
to the land until September 1, 1826. Mcintosh responded on April 12, after
some deliberation:
I have been, however, at some loss in making up my mind, and must confess to you the embarassment I have labored under. Ever since the President of the United States has had agents residing among us, we have universally considered it our duty to consult hilii on all important matters that relate to the General Government, or the government of any particular state, considering him the legal and proper organ through whom all official correspondance should pass, in relation to our interests appertaining to the treaties made with our nation and the United States. Some differences existing between the present Agent of the Creek Nation and myself, and not having any confidence in his advice, I have determined to act according to the dictates of my best judgment, which results in the determination to agree to the request of your Excellency, in giving my consent, and, in behalf of the nation who signed the treaty, their consent, that the land lately ceded to the United States, at Indian Springs, may be run off and surveyed, whenever you may, or the General Government, think proper to do so. If the general government of the United States have [sic] no objection,

67 and the Agent of the Creek nation, with the party he influences, does not make any objection or opposition to runing and surveying the land, myself and the Chiefs and Indians, who were in favor of the late treaty do not object 98
Perhaps cognizant of the delicacy of his situation, Mcintosh was at first extremely hesitant to give "across-the-board" consent to Troup's plan, but Troup, nevertheless, issued a proclamation that consent had been given and called the Legislature into special session to make plans for the survey.99 The governor would not accept Mcintosh's conditional concurrence, however, and wrote again on April 18:
In one of your late letters, you say something about the consent of the United States, or if the agent and the hostiles do not make opposition. Pray, explain to me your meaning. We have nothing to do with the United States, or the agent, or the hostiles, in this matter; all we want is the consent of the friendly Indians who made the treaty. If we wanted the consent of the United States, we could ask it.100
Mcintosh's response to this letter on April 25 became his death warrant. He wrote, giving their consent "absolutely, freely and fully . in behalf of the Nation and by the consent of the Chiefs of the same. nlOl Five days later, in the early morning of May 1, an execution party of several hundred Creeks led by Menawa surrounded his house on the Chattahoochee and killed him and Chief Etomme Tustunnagee of Coweta.
Allowing all women, children and whites to escape, the party set fire to Mcintosh's house and destroyed much of his property. 102 Later that same day, they also killed Sam Hawkins, a son-in-law of Mcintosh. His son, Chilly, escaped and hurried to Milledgeville to bring the news to Governor Troup. When he first arrived, it was said that he blamed only the opposition party, but after two or three days Chilly began to include the name of Agent Crowell as involved, perhaps because of Troup's influence.l03 At any rate, Troup took this occasion to again criticize his long-standing opponent, Crowell. He sent

68
Chilly Mcintosh, along with several other Creeks, to Washington to take the
news of his father's death and to charge Crowell with having instigated it.
President Adams' diary of May 15 reads:
Chilly Mackintosh [sic], Colonel Mackintosh [sic], Jim Tallazon, Ben Tallazon. These four Creek Indians called on me this morning before breakfast with a letter from Governor Troup, of Georgia, and a talk sent by him to certain other Creek chiefs. The letter, which is in a style similar, to that which the same personage used with Mr. Monroe, announced to me the murder of the chief called General Mackintosh [sic], which was confirmed by Chilly, who narrowly escaped himself with his life. It was on Saturday, the 30th of last month, that a party of about four hundred surrounded and set fire to his house, and killed him and another chief, his next-door neighbor. Troup charges Crowell, the Agent with having instigated this massacre, and vows revenge with a spirit as ferocious as ever inspired any Creek Indian.
I told Chilly that I was deeply distressed at these melancholy tidings, and would do all that would be in my power for him; advising him to call upon the Secretary of war to-morrow ... I called at Governor Barbour's house [then Secretary of War] and found him at home, deeply affected at the intelligence from Georgia, thinking Governor Troup a madman, and very apprehensive of opposition.l04
On the following day, Adams wrote that he "apprehend[s] this massacre is
only the signal for a ferocious Indian war, bursting upon us like a thunder-
bolt."105 Troup feared hostilities as well, for on May 5 he ordered the State
~lilitia prepared in case the United States should fail in its duty to repress
hostility among the Indians. He wrote of the opposition party of the Creeks
to Brigadier General Ware:
I sincerely trust, if these infuriated monsters shall have the temerity to set foot within our settle limits, you may have the
1
opportunity to give them the bayonet freely, the instrument which they most dread, and which is most appropriate to the occasion.l06
General Edmund Pendleton Gaines was ordered to Milledgeville in a mili-
tary, as well as an investigative, capacity on May 18, and Major T.P. Andrews
was ordered there on May 20, primarily to investigate charges against John Crowell by Governor Troup and the Mcintosh party.l07 Gaines was requested to
protect the "friendly" party, many of whose members had fled into the Georgia

69 settlements. He was also to provide rations for those in need. A group of Mcintosh supporters was at Indian Springs, including Chilly Mcintosh. Joel Bailey was employed to provide them with food, which he apparently did to his own pecuniary advantage.l08
It is interesting to note, in view-of the stand Gaines came to take in the controversy, what Adams had written concerning Gaines in his diary on May 19:
With General Brown, I had a long conversation upon the prospects of a war with the Creek Indians. He remarked upon the extreme violence of Governor Troup, but observed that an Indian war might be an object of profitable interest to the State of Georgia. He spoke of Gaines as a very fair, honorable, and virtuous man, but somewhat excitable, entertaining sentiments of strong aversion to the Indians. 109
General Gaines arranged councils with both parties of the Creeks "to investig~te the causes of the disturbance [and] to remove the causes of discontent."110 He was met at every turn by commissioners of the State, who had been appointed by the governor to carry on their own investigation. 111 These men set about collecting evidence against Crowell, refusing him the privilege of even cross-examining their witnesses. At the same time, they were requesting that Gaines permit them to attend his councils with the Indians.
Gaines met the Mcintosh party at Indian Springs on June 20, having been instructed to receive the $200,000 meant for the Creeks, still in the hands of
Campbell and Meriwether. It was feared that the commissioners intended to distribute the money among the Mcintosh party only.ll2 The money was not immediately forthcoming, thus exciting the doubts concerning its use. Gaines assured the Mcintosh party of United States protection and took one of their number, Benjamin Hawkins, brother of Sam Hawkins, with him as interpreter to meet the other party at Broken Arrow. There, he refused to allow the Georgia commissioners to participate in the council.

70
On June 28, the council of the opposition convened with about 700 headmen
and chiefs and 1,200 warriors present, who, under no circumstances, would
assent to the treaty. Poethleyoholo stated, ''We still regret that our duty
to our laws, to our country, and to our posterity compelled us to enforce our
law. We do not acknowledge that we have done wrong."ll3
Upon arriving in Milledgeville, Andrews requested that Troup furnish him
with any charges or evidence against Crowell. The governor's reply of May 31
accused the agent of "predetermined resolution to prevent the Indians" from mak-
ing any cession and with instigating the death of Mcintosh and his friends,ll4
Having been given the discretionary power to suspend Crowell, Andrews chose to
do so temporarily, in an attempt, it seems, to appease Troup. In a letter
informing Crowell of this decision, written a few days later and published in
the Milledgeville Patriot, however, Andrews intimated he felt Crowell was inno-
cent and unjustly accused.ll5 This was enough to enrage Troup; who immediately
ordered Andr~ws to suspend communication with the State of Georgia.ll6
It did not take Andrews long to assess the situation in Georgia. By June
2, he had collected a great amount of information, but was still in the pro-
cess of examining it thoroughly. His opinion of the present circumstances in
the State were referred to the Secretary of War, James Barbour, from Milledge-
ville:
The affairs of Georgia, in which the General Government is concerned are, unfortunately, at this time, connected with matters of a local and temporary nature, in which the General Government has no interests to feel, or duties to perform, and which it would be improper, as their Agent, to allude to in a particular manner. It is not difficult to trace the excitements in this quarter to their origin and first cause; but greatly so to ascertain the real circumstances which have taken place, and to point out their consequences or remedies. The Government is, no doubt, aware of the existence of a law, renewed from time to time, in this State, (peculiar to it) by which all territory acquired by the State is disposed of by lottery. Each male person, of age, having from one to three or four tickets or chances for drawing tracts of land in it. This Agrarian law is the first cause of all the anxiety on the part of the authorities of Georgia, to acquire possession of the Indian

71
lands within their limits: for most, if not all, public men in Georgia, seek to recommend themselves to their fellow citizens by a display of zeal in procuring lands to be thus disposed of among the people. It is to be feared this anxiety has recently been so great, that it has produced, for a time, an opposite policy towards the Indians, on the part of the authorities of the State, from that of the General Government, which latter policy has uniformly been characterized by justice and humanity ,117
From the . reports of Gaines and Andrews, the authorities in Washington were
beginning to see more clearly that the Indian Springs treaty had indeed been
negotiated under conditions of intrigue, and that it could not be upheld. At
the same time, they were also made aware of the necessity .of postponing the
survey that Governor Troup was insisting upon, and on July 21, 1825, Barbour
wrote to Troup:
The Indians to the number of eighteen hundred and ninety, including a large majority of their chiefs and headmen of the tribe, have denounced the treaty as tainted alike with intrigue and treachery, and as the act of a very small portion of the tribe against the express determination of a very large majority, a determination known to the commissioners.
They urge that to enforce a compliance with an instrument thus obtained would ill become either the justice or the magnanimity of the United States, under which they claim to take shelter. These are allegations presenting a question beyond the cognizance of the Executive, and necessarily refers itself to Congress, whose attention will be called to it at an early day after the next annual meeting. Meanwhile the President acting on the treaty as though its validity had not been impeached, finds by reference to the eight [sic] article of the treaty, the faith of the United States solemnly pledged to protect the Creek Indians from any encroachment, till their removal in September, 1826; he therefore decided that the entering upon and surveying the lands before that period would be an infraction of the treaty, whose interpretation and execution, should it remain uncancelled, are alike confided to him.
I am therefore, directed by the President to state distinctly to your excellency, that, for the present, he will not permit such entry or survey to be made.ll8
At this point, Governor Troup decided to wait for the meeting of the Leg-
islature, since he felt that "in a strife 'between states equally independent'
corresponding departments should be listed against each other. "119

72
On July 10, Gaines wrote to Troup that he had proof Mcintosh never had obtained consent of his chiefs for the survey. Troup called Gaines' evidence "the most daring effort that ever was attempted by malignant villany. "120 From that time forward, the two men began to disagree openly, and their correspondence began to degenerate into insolence. Finally, on August 6, Troup wrote to Gaines to "forbear further intercourse with this government, "121 and on August
31, he demanded of the President "his immediate recall, arrest, trial, and punishment under the articles of war." 122 On September 12, Gaines notified the Secretary of War of his plans to depart Georgia, since Troup had determined not to hold the survey. 123
In the gubernatorial contest held in Georgia in October of 1825, Troup was re-elected. Troup's disputes with the federal authorities had been used as campaign material, so no doubt the confidence thus placed in him by the electorate was indication enough of the course he had followed. He requested the validation of the Legislature, both houses of which unanimously approved a resolution professing faith in the 1825 treaty. 124
While the Georgia Legislature was busily declaring its absolute faith in the Indian Springs treaty, however, a delegation of Upper Creeks led by Poethleyoho:lo arrived in Washington. Members of this delegation first met with President Adams on November 26, who described them as
almost all good-looking men, dressing not, as the Cherokees, entirely in our costume, but somewhat fantastically. But their countenances, and especially that of O~orthle Yoholo [sic], were remarkable by a dark and settled gloom.! 5
Adams and Barbour entered into negotiations for a new treaty with Poethleyoholo's party to replace that of the previous February. Chilly Mcintosh and several of his party arrived in Washington on December 9, but as they had not been delegated to negotiate, they were not allowed to do so, although they did

73
later consent to the new Washington treaty. 126
The bone of contention concerning this treaty now came to be whether the
Creeks would cede all their Georgia lands, as Adams and Georgia wished them to
do, or whether they would cede only those lands east of the Chattahoochee, as
the present delegation insisted Gaines had proposed to them. Adams wrote that
it was strange Gaines had promised this, as he had no authority to do so, but
if he had, Adams felt it put the Administration under obligation to consider that boundary 127 Senator Thomas Willis Cobb of Georgia threatened Barbour
that if the Creeks were allowed to take the Chattahoochee as boundary, Georgia
would support General Jackson. Of the threat, Adams wrote that it did not con-
cern him, as he had no more confidence in one party in Georgia than the other. 128
On January 31, 1826, John Quincy Adams transmitted to the Senate the
Treaty of Washington "as a substitute for the treaty signed at Indian Springs."
Along with it, he sent his explanation for the necessity of the new treaty,
reporting that the 1825 treaty
was transmitted .to me from the Senate on the 5th of March, and ratified in full confidence, yielded to the advice and consent of the Senate, under a firm belief, founded on the journal of the commissioners of the U.S., and on the express statements in the letter of one of them (of the 16th of Feb.) to the then Sec. of War that it had been concluded with a large majority of the chiefs of the Creek nation, and with a reasonable prospect of immediate acquiescence by the remainder. This expectation has not merely been disappointed. The first measures for carrying the treaty into execution had scarcely been taken, when the two principal chiefs who had signed it fell victim to the exasperation of the great mass of the nation; and their families and dependents, far from being able to execute the en-gagements on their part, fled for life, safety, and subsistence, from the territories which they had assumed to cede to our own. Yet, in this fugitive condition, and while subsisting on the bounty of the U.S., they have been found advancing pretensions to receive exclusively to themselves the whole of the . sums stipulated by the commissioners of the U.S. in payment for all the lands of the Creek nation which were ceded by the terms of the treaty
In this state of things, the question is not whether the treaty of the 12th of February last shall or shall not be executed. So far as the U.S. were [sic] or could be bound by it, I have been anxiously desirous of aarrying it into execution; but, like other treaties, its fulfillment depends upon the will not of one, but of

74
both parties to it. The parties on the face of the treaty are the United States and the Creek nation; and, however desirous one of them may be to give it effect, this wish must prove abortive while the other party refuses to perform its stipulations, and disavows its obligations. By the refusal of the Creek nation to perform their [sic] part of the treaty, the U.S. are [sic] absolved from all its engagements on their [sic] part; and the alternative left them [sic] is, either to resort to measures of war, to secure by force the advantages stipulated to them in the treaty, or to attempt the adjustment of the interest by a new compact.l29
The treaty Adams presented, the Treaty of Washington, declared the Indian
Springs treaty to be null and void. It ceded all the Creek land in Georgia "lying on the east side of the middle of the Chattahoochee," and a portion of the Creek land west of the Chattahoochee. 130 The United States agreed to pay
$217,600 immediately upon ratification, plus a perpetual annuity of $20,000.
Because all of the Creek lands lying within the limits of Georgia were not
ceded, however, the Senate committee would not consent to it. Adams then, on
March 31, upon the recommendation of the Georgia senators, included what was
believed by all to be the remaining Creek land in Georgia west of the Chattahoochee. 131 With this addition, the treaty was ratified.
Soon afterwards, a plan surfaced that raises the question of whether a
treaty was ever concluded and effected without some semblance of fraud or
deception. John Ridge and Joseph Vann, Cherokees who were acting as assistants
to the Creeks, presented a paper to Thomas McKenney, an official in the War
Department, proposing that the chiefs divide a large portion of the purchase money a100ng them while they were still in Washington. They presented a list of 24 chiefs, including three Cherokees, to whom such division was to be made . 132
Barbour said he considered the distribution their own affair, but when the plan
was communicated to the Senate, an attempt was made to change the wording of
the amendment to prevent $159,000 from being divided among the 24 chiefs. Fin-
ally, a Senate committee determined to distribute the money to the chiefs in
full council, thus attempting to thwart the plans for the contemplated distri-

75
bution. 133 Governor Troup, true to his character, refused to accept the Treaty of
Washington. He flatly denied that the United States had the power to annul the 1825 treaty and wrote to the President on February 11, 1826:
I will proceed on the 2nd day of September next, under the authority of the Legislature of Georgia, to occupy the country ceded by the treaty concluded at the Indian Springs on the 12th day of February, 1825 .. _134
Troup's intention was to begin the survey of the boundary between Georgia and Alabama, although the Treaty of Washington had guaranteed possession to the Creeks until January 1, 1827. The Creeks protested this intrusion through Agent Crowell, who had been reinstated as Indian agent, and Barbour ordered Troup, on March 9, to "desist from any further prosecution of the survey until it is authorized by the treaty," also saying that, without the approval of the Creeks, the survey was "in violation of the supreme law of the land."135 On October 6, Troup answered that the survey was almost completed and had been undisturbed by the Indians .136
There seems to have been no end to the problems arising out of these last treaties with the Creeks. In December of 1826, Troup announced to the Legislature that not quite all of the Creek land in Georgia had been ceded, as a result of oversight by the federal authorities. 137 Since the United States had intended that Georgia have all the Creek land within her borders, Troup determined to act on that intention and to allow the surveyors to proceed running the Georgia-Alabama line, some of which was beyond the western limit of the last Creek cession.
Barbour wrote to Troup on January 29, 1827:
Charged by the constitution with the execution of the laws, the President will feel himself compelled to employ, if necessary, all

76
the means under his control to maintain the faith of the nation, by carrying the treaty [of Washington) into effect.l38
Another climax was at hand. When news reached Washington that Indians had
stopped the surveyors and were themselves threatened by Georgia troops, Barbour
began to act. United States District Attorney R.W. Habersham was ordered on January 30 to "proceed to obtain the proper process" to arrest the surveyors . 139
On the same day, Lieutenant J.R. Vinton was appointed special agent to warn the Georgians against proceeding and to prevent the use of force. 140 Georgia pub-
lie opinion was decidedly anti-federal, and Habersham resigned in loyalty to
his native state. "The whole state rang with the slogan 'Troup and the
treaty. "'141
George M. Troup, on February 17, addressed one of his most defiant let-
ters to Secretary of War Barbour:
You are sufficiently explicit as to the means by which you propose to carry your resolution into effect. Thus the military character of the menace is established and I am only at liberty to give it the defiance which it merits. You will distinctly understand, therefore, that I feel it my duty to resist to the utmo.st any military attack which the Government of the United States shall think proper to make upon the territory, the people, or the sovereignty of Georgia, and all the measures necessary to the performance of this duty, according to our limited means, are in progress. From the first decisive act of hostility you will be considered and treated as a public enemy, and with the less repugnance because you, to whom we might constitutionally have appealed for our own defense against invasion, are yourselves the invaders and, what is more, the unblushing allies of the savages whose cause you have adopted.l42
The governor then ordered two divisions of the Georgia Militia "to hold in
readiness the several regiments and battalions within their respective commands to repel any hostile invasion of the territory of this State." 143 The excitement these occurrences aroused nationwide must have been extraordinary. 144 Soon, how-
ever, Troup learned that negotiations were already underway to secure the remain-

77 ing land, thus preventing the necessity of effecting his vengeful plans.
Crowell had been trying to convince his charges since January 31, 1827, to surrender their last small holdings. 145 Finally, Thomas McKenney was sent from Washington and, after considerable opposition, was able to procure the property on November 15, 182 7. 146 The painfully tedious process was not finally ended until January of 1828, however, when the cession of the last renmant of Creek land 1t11s ratified, sanctioned, and approved by the .chiefs in council ending the centuries-long sojourn of the Creeks on Georgia soi1. 14 7
It had been a tragic epic, and removal had not even begun. Especially for the ,last quarter of a century, the badgered Creeks had seen no peace as they clung tenaciously to their homeland. Their exhaustion and demoralization must have been complete. President Adams had written that Poethleyoholo had even tried to connnit suicide while in-washington in 1826.148
After reviewing the Creek story, it is impossible to lay the blame for the many indignities, frauds, and iniquities at anyone's feet, however.
William Mcintosh has been much praised and much maligned. He does seem to have been forever interested in his own personal gain and completely indifferent to that ancient love for their land that possessed many Creeks. There is just a
possibility, however, that, aside from other considerations, Mcintosh actually did think that removal would benefit the tribe. At any rate, he was not, by any means, solely responsible for the Creek losses. 149 A whole culture was encroaching upon them -- that of white America. And although many of that culture deplored injustice, there were those in positions of authority who were willing to do whatever was necessary to effect their plans of expansion.
Much has been written of the tragedy of the native Americans. Georgia's version is no more hopeful and no less despicable than any other.

78
Postscript
A pathos-filled story grows more tragic with the addition of events occurring between 1828 and 1836. A small party of Creeks who had been followers of Mcintosh emigrated to what is now eastern Oklahoma in 1828, settling along the Arkansas River. The large and less prosperous portion of the Lower Creeks moved into the remaining Creek land in Alabama, many of them destitute and starving. Conditions there began to be intolerable when Alabama put the Indians under the jurisdiction of her local courts. After several years of further coercion, the Creeks ceded all of their lands east of the Mississippi in March of 1832, withthe exception of selections for each chief and each head of household reserved for five years, or until sold. This clause only served to put the Indians at the mercy of land speculators who swarmed in, buying Creek land at a fraction of its value .Other intruders brought in whiskey and merchandise to trade for the $100,000 promised the Indians by that treaty to paytheir debts. Intiuii.dation and fraud were the order of the day. Small parties left for their western lands in 1834 and 1835. Finally, some bands of Creeks began to seek revenge, comuii.tting hostile acts resulting in several thousand white troops beirig sent in to repress them. Beginning in July of 1836, more than 2,000 hostile Creeks were forcibly removed, the men in chains, with their families following behind. Later that year the remaining Creeks, under Poethleyoholo, who had fought against the hostiles, were forceq to begin their march westward. [See Grant Foreman, Indian Removal.]

FOOTNOTES

79

The Demise of the Creeks irt Georgia: The Final Treaties

la The spelling of the name "Poethleyoholo" is used in this repo:r;t in an effort toward consistency, as most sources use this variation. Many others exist, however.
1b It seems unlikely that removal was considered as an alternative when the
1802 compact was agreed upon. The terms intended by the framers of the agreement can only be surmised. United States policy toward the Indians in Georgia in 1802, . as has emerged from Benjamin Hawkins' writings, was an attempt at "civilization" -- to teach the Creeks (and others) the agricultural ways of the whites. There must have been, at that time, some idea of amalgamating them within the states. When the Louisiana territory was purchased in 1803, a vast territory was opened up to which Indians could be moved; in fact, this might have been Jefferson's intention. See Roy H. Pearce, The Savages of America, !:::_ Study of the Indian and the Idea of Civilization (Baltimore, 1953), p. 56. [See map folder with this report showing Creek cessions in Georgia.]
2 Annie Heloise Abel, The History of Events Resulting Jn Indian Consolidation West of the Mississippi, in American Historical Association Annual Report for 1906 (Washington, D.C., 1908), p. 332.
3 Oliver H. Prince, A Digest of the Laws E!_ the State of Georgia (Milledgeville,
Ga., 1822), p. 53.

4 Ibid.

5 Office of the Secretary of War, Records of the Office .9_f. the Secretary of War Relating to Indian Affairs; Letters Received, 1800-1824 (National Archives Microfilm Publication 271, Roll 3, 1820-21), Frame 0424.

f 6 W. Edwin Hemphill (ed.), The Papers of John

Calhoun, Vol. IV (Columbia,

S.C., 1969), p. 553.

7 Ibid, p. 554.

8. Ibid, p. 660.

9 Ibid, pp. 618-9.

10 United States Congress, Report of the Select Committee of the House f Repre-
sentatives to which~ Referred the Messages of the President U.S. of the 5th and 8th February, and 2nd March, 1827, with Accompanying Documents, and !:::_Report and Resolutions of the Legislature of Georgia; Report No. 98, 19th Congress, 2nd Session, Match 3, 182 7 (Washington, D.C., 182 7), p. 416. (Hereafter referred to as House Reports, No. ~)

11 The Papers of John f Calhoun, Vol. II, p. 117.

12 American State Papers, Documents, legislative and executive, of the Congress
of the United States, Class II, Indian Affairs, Vol. II (Washington, D. c.,
1832-1860), p. 204.

80 l3 Ibid, pp. 249-51.

l4 Ibid, p. 250. Georgia commissioners were appointed by Governor Clark in the summer of 1820 to represent the State in negotiations for Indian land. Georgia Executive Department, Executive Minutes.of Governor John Clark (Georgia Department of Archives and History, Microfilm Reel 62-63), p. 324.

15 American State Papers, Indian Affairs, Vol. II, pp. 250-51.

16 Ibid, p. 252. Dr. James C. Bonner, "William Mcintosh," Georgians in Profile,

Horace Montgomery (ed.) (Athens, Ga., ' l958), p. 129. Dr. Bonner stated that

$25,000 iri claims were finally admitted. In an original letter in the Creek

Indianfile in the Georgia Archives from C. Vandeventer of the Department of

War to Governor Troup, June 14, 1826, Vandevanter stated that a requisition

of $23,000 was ordered on that date as the fifth and final installment due

on the claims of the citizens of Georgia against the Creek Nation under the

.fourth article of the Treaty of 1821. This would suggest a larger amount

than $25 ,oob was paid (File II).



17 American State Papers, Indian Affairs, Vol. II, pp. 252-3.

18 David Adams, Georgia Department of Archives and Hi~;Jtory, File II (original not in file).

19 Georgia Executive Department, Executive Minutes of Governor John Clark (original at Georgia Department of Archives and History, on Microfilm Reel 50-48), p. 284.
20 Ibid, p. 290..

21 Charles J. Kappler, Indian Affairs, LaYls and Treaties, 3 vols. (Washington, D.C., 1892-1913), Vol. II (Treaties), p. 195.
22 American State Papers, Indian Affairs, Vol. II, p. 564. 23 House Reports, No. 98, pp. 754-7. 24 Ibid, affidavit of John Winslett, p. 415.
25 American .State Papers, Indian Affairs, Vol. II, pp- 259-60.

26 Three other men were asked to serve. Major Freeman Walker and J.A. Cuthbert declined; General Floyd accepted but soon resigned. Abel, p. 324.
27 American State Papers, Indian Affairs, Vol. II, p. 464.
28 John R. Swanton, Early History of the Creek Indians and Their Neighbors, Bur.eau of American Ethnology Bulletin 73 (Washington, D. C., 1922). [Also see map folder i1l this report.] It is possible that archaeological data would prove differently, but no evidence has suggested the necessity for that approach.

29 John H. Goff, "The Path to Oakfuskee: Upper Trading Route in Georgia to the Cr.eek Indians," The Georgia His tori cal Quarterly, Vol. XXXIX, No. 1 (March, 1955), pp. 23-4. [See map folder in this report.]

81 30 Map located in the Office of the Surveyor General, State of Georgia.
31 Goff, pp. 4-5.
32 The Georgian (Savannah, June 29, 1820), Vol. II, No. 172, p. 1, c. 5 (located
in the Georgia Department of Archives and History on Microfilm Reel 78-35).
33 Ibid, Vol. lV, No. 32, p. 2, c. 2 (Microfilm Reel 78-39).
34 Reprinted in The Savannah Georgian (August 12, 1824), Vol. VI, No. 45, p. 2, c. 1 (located in the Georgia Department of Archives and History on Microfilm Reel 78-40). [Formerly The Georgian]
35 House Reports, No. 98, p. 754.
36 "Indian Springs, May 1825. The subscriber still remains at the Indian Mineral Spring so well known as a place of health and pleasure where he has made considerable improvements for the reception of company this season. The average number of persons for the last season was about Eight Hundred, and he . thinks he will be able to accormnodate Twelve Hundred much better than he did the company last seasons from the great convenience on which his kitchen is constructed, it is very convenient to the dining room, and built on the same plan as those of the Saratoga and Ballstown Springs. From the great addition he has made on his house and kitchen, together with his experience in business will enable him to give general satisfaction to all that will favor him with their company, either for health or pleasure. His table will be furnished with the best the country affords, and his Bar with the best of liquors and wine, porter, beer, etc. His stables will be furnished with the best of forage and an attentive ostler. He has also a large supply of the newest, fashionable and best style of Staple and Fancy Goods and Groceries of all kinds. He has also about Fifty tents which he will rent from twelve and a half to twenty-five cents per day . Joel Baley [sic]" [The "tentsir may have been very rude cabins.] The Southern Recorder (Milledgeville, May 24, 1825), Vol. 6, . No. 16, p. 3, c. 3-4 (located in Georgia Department of Archives and History on Microfilm Reel 185-55).
37 House Reports, No. ~. pp. 443-4.
38 Ibid.
39 Ibid.
40 House Reports, No. 98, p. 444.
41 Ulrich Bonnell Phillips, Georgia and States' Rights (Antioch Press, 1968; originally published in 1902), p. lOS.
42 Edward J. Harden, The Life of George M. Troup (Savannah, 1859), pp. 197-9.
43 Ibid, p. 201.
44 Ibid, pp. 205-6.
45 John Crowell was the first delegate to Congress from the Alabama territory (1818, 15th Congress) and from the State of Alabama (16th Congress). He was

82

appointed agent to the Greeks after David B. Mitchell was dismissed. Thomas
M. Owen, History of Alabama and Dictionary f Alabama Biography (Chicago,
1921), Vol. I, p. 350.

46 House Reports, -No. 98, p. 24.
47 Ibid, p. 23.

Capers was later a Methodist bishop.

48 Ibid, P 55.

49 Abel, p. 326.

50 American State Papers, Indian Affairs, Vol. II, p. 497. 51 Ibid, p. 498. 52 Harden, p. 210. 53 Abel, p. 336. Taken from Niles Weekly Register (December 4, 1824), Vol.
XXVII, p. 223.
54 House Reports, No.~. pp. 638-9.
55 Ibid, p. 45i.

56 American State Papers, Indian Affairs, Vol. II, p. 581. 57 House Reports, No. 98, p. 97. Crowell was preparing for 5,000 Creeks for a
four-day conference. 58 Ibid, p. 99.
59 Ibid, p. 95. 60 Ibid, pp. 99-100.

6l Ibid, p. 101.
62 American State Papers, Indian Affairs, Vol. II, pp. 571-3.
63 House Reports, No. ~. p. 108.
64 Ibid, p. 109.
65 Nimrod Doyel!, Joel Bailey, John Buchanan and Luther Blake all testified that Mcintosh was afraid for his life. Doyel! addedd that when Mcintosh was broken as Speaker he was angry and said he would sell the land to the commissioners. When warned that "much distress would .be the consequence, Mcintosh replied he did not care; that three thousands [sic] dollars in the pockets of his friends, would take them anywhere." Ibid, p. 418.
66 Ibid, p. 444.
67 Ibid, pp. 112-3.
68 Ibid, p. 119.

83 69 Ibid, p. 120.
70 American State Papers, Indian Affairs, Vol. II, p. 576.
71 Ibid, pp. 5 79-80.
72 Ibid, p. 5 76.
73 House Reports, No. 98, p. 502.
74 Ibid, p. 87.
75 American State Papers, Indian Affairs, Vol. II, p. 582.
76 Ibid, p.. 582.
77 Ibid.
78 Ibid, pp. 582-3.
79 Ibid, p. 583.
80 House Reports, No. 98, p. 500.
8l American State Papers, Indian Affairs, Vol. II, pp. 578-9.
82 Ibid, pp. 583-4.
83 William Mcintosh, Etonune Tustunnuggee, Tuskegah Tustunnuggee, Coweta Tustunnuggee, Colonel William Miller, Josiah Gray, Nehathlucco Hatchee, Alexander Lasley, William Canard. Ibid, p. 564.
84 A notice of this relinquishment, dated July 25, 1825, bears the following names: Big Warrior, Little Prince, Yoholo Micco, Hopoi Hadjo, Tuskehenahau, Oakefusk Yoholo, John Crowell. This date must have been that of a copy, however, for the document relinquishes the reserve to William Mcintosh, who was killed three months previous to that date. Ibid, p. 564.
85 See the appendix for a copy of the treaty.
86 House ReEorts, No. ~. p. 487. 87 Ibid, P 432.
__ 88 Ibid , pp. 15 7-8.
89 Ibid, p. 255. Not all Georgians were please with the treaty, either. The editors of the Georgia Patriot at Milledgeville wrote: "As anxious as we are to obtain land from the Creek and Cherokee still we do not wish to see it acquired in any other way, than that which may be creditable to the government and satisfactory to the Indians ... certain are more solicitous to advance their sinister views than to promote the character and dignity of the state. The Secretary of War in his report and the President in his late message, have laid the foundation for the removal of all the Southern tribes over the Mississippi in a few years; and we are confident it will soon be done, in consonance with that humanity and justice which ought always to be

84
to be observed by a liberal and benevolent government towards those noble sons of the forest." The Georgia Patriot (Milledgeville, February 22, 1825),
Vol. III, No. 17, p. 2, c. 2 (located on Microfilm at the Georgia Department
of Archives and History).
90 Niles Weekly Register, 3rd Series, No. 14, Vol. IV; June 4, 1825 (Vol. 28), p. 212.
91 Harden, pp. 266, 269.
92 House Reports, No. ~' p. 7.
93 Ibid, p. 580.
94 Charles Francis Adams .(ed.), Memoirs of John Quincy Adams, Comprising Portions of His Diary from 1795 to 1848, Vol. VII (first published, 1874-:77; reprinted; Freeport, N,Y., 1969), p. 12.
95 Abel, p. 344.
96 Niles Weekly Register, 3rd Series, No. 4, Vol. IV (Vol. 28), p. 49.
97 American State Papers, Indian Affairs, Vol. II, p. 757. Troup wrote to Campbell on April 4 requesting an advance of money for Mcintosh. "It is of great importance that every facility should be given to any movement of the Indians which looks to a speedy removal beyond the Mississippi, and I will thank you to make known to me your resolution by return mail. . It is presumed that Genl [sic] Mcintosh's requisition will be sufficient authority and I have ordered it placed on file. A draft on the Secretary of War could be negotiated here." Georgia Executive Office, L.etter Book of Governor George Troup (original located in Georgia Department of Archives and History, Microfilm Reel 62-63), p. 275.
98 Ibid, p. 759.
99 House Reports, No. 98, p. 9.
100 Harden, p. 275.
101 Apparently, though, Mcintosh had not consluted his chiefs on this issue. American State Papers, Indian Affairs, Vol. II, p. 761; and House Reports, No. 98, p. g. Mcintosh also published a letter in a newspaper, saying that all who wished to purchase the Creeks' lands should enroll at his house on
the Chattahoochee. Letters Received l. the Office of Indian Affairs 1824-
1825 (National Archives; on file at the Georgia Department of Archives and History on Microfilm Reel 101-21, frame 0695).
102 American State Papers, Indian Affairs, Vol. II, pp. 767-8. Letter from John Crowell to Secretary of War James Barbour announcing Mcintosh's death. Letters Received Qy_ the Office of Indian Affairs 1824-1825 (National Archives; on file at the Georgia Department of Archives and History on Microfilm Reel 101-21, frames 0701-0702). Also, a James Hatten reported that he had been asked to accompany the execution party "to secure the white men and their property .. that if there was [sic] no person to speak English that if any white person was there that they might take an alarm and run and some injury might grow out of it." (See above, Letters Received, , Microfilm Reel 10121, frame 1021).

85
103 Ibid, Letters Received , Microfilm Reel 101-21, frame 0940.
104 Memoirs of John Quincy Adams, Vol. VII, p. 3.
105 Ibid, p. 5.
106 Harden, pp. 278-80. On May 10, the editors of The Georgia Patriot wrote of Troup: "Whatever evils may result from the present disturbances, our worthy governor must feel himself responsible for. His clamorous and outrageous
. proceedings have deceived the general government into the opinion, that the . people of Georgia were ready to seize their arms, rush into the Indian nation, and wrest their territory from them The people of Georgia .. wish to get rid of troublesome neighbors; but they also wish to show no injustice to the Indians ... Aild a large majority of our best citizens heartily disapprove of the unbecoming language and proceedings df Gov. Troup on this subject. The Georgia Patriot (Milledgeville, May 10, 1825), Vol. III, No~ 28,
p. 3, c. 2. Two weeks later, the editor of the Patriot, Mr. Bartlett, was
accosted byHenry G. Lamar, the governor's aide, and two other men, Lamar's relatives. The Patriot claimed Bartlett was hit a number of times with sticks and clubs because of the above condemnation of Troup's proceedings. The Patriot then accused the Lamars of trying to destroy the freedom of the press. ~Georgia Patriot (Milledgeville, May 24, 1825), Vol. III, No. 30, p. 3, c. 5; p. 4, c. 1-'-2.
107 House Reports, No. 98, p. 157.
108 Ibid, pp. 560,-6.
109 Memoirs of John Quincy Adams, Vol. VII, p. 8.
110 Abel, p. 349. Troup had written Gaines on June 14 that the laws of Georgia were already extended over the ceded country, and that Troup intended to execute them there. House Reports, No. 98, p. 228.
111 Warren Jourdan, William Torrance, William Williamson, Seaborn Jones. Harden, p. 333.
112 House ReEorts, No.~. p. 575.
113 Ibid, pp. 269, 578-9.
114 Harden, p. 313.
115 "In resorting to the discretionary power vested in me by the President, I feel it due to you to state frankly that . this determination does not proceed from any present impression unfavorable to your innocence. I am not at liberty, in my present peculiar situation, to forni a settled opinion on the charges made against you, until all the evidence to be collected from every quarter has been received and carefully examined; but I feel it due you to say that, so far as I am at liberty to take up a present impression, it is in favor of your integrity and honor. I feel it due to you to make this statement, in consequence of the course (which must be considered an unjust one, if not oppressive) pursued towards you by the authorities of Georgia; my impression, too, being chiefly g.rounded on the ~ Earte testimony taken against you. Your suspension is made from courtesy to the authorities of

86 Georgia, who have repeatedly and ungen tly demanded it 11 Andrews to Crowell, june 21, 1825; American StatePapers, Indian Affairs, Vol. II, p. 852.
ll6 Ibid, p. 807.

117 House Reports, No. ~. p. 171. On June 12, Andrews wrote. to Barbour that

"from three to four hundred stand of arms have been sent off by the Governor

to the Indian Spring, but whether for the militia or Mcintosh's Indians I am

unable to determine. 11 Le.tters Received Qz_ the Office of Indian Affairs 1824-

1825 (National Archives; located in Georgia Department of Archives and His-

tory on Microfilm Reel 101-21, frame 02 70).

.

.

118 American State Papers, Indian Affairs, Vol. II, p. 809.

119 Abel, note p. 350.

120 Harden, p. 3..63

121 Ibid, p. 368.

122 House Reports, No. 98, p. 549.

123 "Having ascertained, with some certainty, that the good sense and good principle which mark the character of a large majority of the people of Georgia (of all political parties) have had the effect of convincing Governor Troup of the utter impossibility of his being sustained py them in an attempt to force his surveyors upon the Indians I shall, leave this place in the course of a few days ;" Gaines to Barbour, September 12, 1825; House Reports, No. 98, pp. 554-5.

124 American State Papers, Indian Affairs, Vol. II, p. 741. 125 ~moirs of John Quincy Adams, Vol. VII, p. 62.

126 Ibid, p. 76; and Abel, p. 351.

127 Memoirs of John Quincy Adams, Vol. VII, p. 79.
128 Ibid, p. 92.
129 American State Papers, Indian Affairs, Vol. II, PP~ 611-2.
130 Ibid, p. 613. See appendix for copy of treaty.
131 Ibid, pp. 662-3.
132 Ibid, pp. 665-7. The proposed distribution included: John Ridge, $15,000; Joseph Vartn, $15,000; Poethleyoholo, $10,000; John Stidham, $10,000; Menawee, $10,000; Charles Comells, $10,000; Mad Wolf, $.500; Tippee, a young man, $200. To the remaining members of the delegation each (7 in number): $35,000. Little Prince, $10,000; Tookenehaw of Tuckabatchee, $10,000; Tuskenuggee Mallow, $10,000; Major Ridge of the Cherokees, $10.000; Tuckabatchee Tuskenuggee, $1,000; Tuskenehaw Cusseta, $2,000; Hubi Hujo, $1,000; McGillivray, $4,000. The total of this distribution amounted to $159,700. It must be remembered that not all of the chiefs lis ted knew of the plan.

87 133 Ibid, p. 665.
134 Ibid, p. 737.
135 Ibid, p. 744.
136 Ibid.
__ 137 Ibid, p 749 0
. 138 Ibid , p. 864.
139 Ibid.
140 Abel, pp. 354-5.
141 Phillips, p. 62.
142 Harden, p. 485.
143 Ibid, p. 487; and The Georgia Patriot for 1826-27.
144 See Niles Weekly Register, The Alexandria Phoenix and The Richmond Whig articles reprinted in The Georgia Patriot during 1826-27.
145 Memoirs of John Quiricy Adams, Vol. VII, p. 294. On June 20, 1827, Adams wrote: "Governor Barbour came, and informed me that J. Crowell, the agent to the Creek Indians, was here, having entirely failed in persuading the Indians to relinquish the remnant of their lands within the State of Georgia. He has also failed in the payment of their annuity of fifty thousand dollars, Mr. Tutt, the Commissioner, having awarded twenty thousand dollars of it to the Mackintosh [sic] party as compensation for their [sic] losses at the destruction of Mackintosh [sic] and his property. The Little Prince's party protest [sic] against this payment, and claim the whole annuity, and the Mackintosh [sic] party refuse to receive the amount awarded them, being threatened with destruction by the others if they should receive it. Mr. Crowell was afterwards here, and repeated all this to me. He says the Indians are much dissatisfied with him, and that they are now much under the influence of the Cherokees Ridge and Vann, who instigate them against him."
146 Abel, p. 356.
147 Phillips, p. 65.
148 Memoirs of John Quincy Adams, Vol. VII, p. 106.
149 In a final baffling comment concerning Mcintosh's involvement and motivation, Thomas S. Woodward reveals that Menawa, who headed the party that executed Mcintosh, later regretted it. "In a package I sent you some time back, giving you the names of Agents, Indians, and others, I mentioned Ogillis Ineah , or Menauway [sic], the Chief that commanded at Horse-Shoe. He was the chief that headed the party that killed Mcintosh, Sam Hawkins, and others. I knew him well, and he knew me, and knew that I disliked his killing Mcintosh. At a Council at Sechalitchar, in 1835, he got very angry with Hopoithleyoholo [Poethleyoholo] and let the secret out about the Mcintosh affair. He looked

88

at me and Capt. Walker, held up his hands, and said, 'Here are the hands

that are stained with the blood of Mcintosh, and ! am now ready to stain

them again in the blood of his enemies, and those who made me the dupe of

their foul designs. When I done [sic] the deed I thought I was right, but

I am sorry.' I will give you more of him at some other time. I know the

whole of that affair, but the actors in it are mostly gone to rest, so let

them sleep on, as it can do no good to bring it up." These are the last

words of Woodward's Reminiscences of the Creek, . E-5. Muscogee Indians Con-

tained in Letters to Friends in Georgia and Alabama (Montgomery, Ala., 1859),

p. 168.

.

A NARRATIVE CONCERNING THE OWNERS OF THE MCINTOSH INN AFTER 1828, INCLUDING DEED AND TAX RECORDS

A NARRATIVE CONCERNING THE OWNERS OF THE MCINTOSH INN AFTER 1828, INCLUDING DEED AND TAX RECORDS

This section of the report concerning the Mcintosh Inn presents the deed and tax records of the property from the time Indian Springs was divided by State-appointed commissioners and sold at auction.
Along with the deed records, as it seemed fitting, there have been included short narratives about the families who owned the Inn and who most often lived therein. Butts County tax records are quite incomplete; only the 1831 digest is extant before the 1870's; therefore, they have not been very useful for the period of this historical inquiry. After 1871, the records are complete and have been selected at intervals which show the change of ownership of Lot No. 2 and the "Mcintosh Inn. it

The treaty of February 12, 1825, concluded at Indian Springs, was annulled

by another treaty made at Washington, D.C. on January 24, 1826. Although the

earlier treaty was ratified by Congress, it was annulled following a "tremen-

dous barrage" of protest by a great majority of Creek headmen, who alleged that the Creeks who made the 1825 treaty did so "without proper authority."1

The majority of the land ceded by the 1826 treaty was disposed of by the

1827 land lottery [see map attached]. The State Legislature passed a special

act "to dispose of the Mcintosh Reserves in the County of Butts" on December 22, 1827, these Reserves having been established by the 1821 treaty. 2 This act

provided that three commissioners be appointed to divide the Reserves into

lots, which would be offered for sale at auction. The commissioners appointed

were Richard A. Blount of Hancock County, William Rutherford of Baldwin County

.

3

and Bennett Crawford of Jasper County.

- 89 -

90
These men divided the Indian Springs Reserve into 32 lots of two acres
each, .immediately surrounding the Spring; 14 lots of four acres each; 10 lots
of 20 acres each; and 16 lots of 30 acres each, for a total of 73 lots. [See
map in appendix.] The commissioners then advertised in the Savannah Georgian
on ~~rch 8, 1828, that the Indian Springs lots would be auctioned on April 22 of that year. 4 It was in this advertisement that the commissioners noted that:
the two acre lot No. 2 has on it a large house 74 feet by 50, built for a tavern, with a kitchen and outhouses-- There are also other lots that have houses or summer tents, ci3.lculated for rent or occupancy the ensuing season . .S
This tavern on Lot No. 2 is, of course, the Inn which this report seeks
to document. The notice of the connnissioners continues:
The sales will be made each day until all are sold, between 10 and 2 o'clock and one-fifth of the amount of the purchase money must be paid on the day of the sale, in terms of the law, and the balance 'in four equal annual installments. 1
A plan of the lots will be left with Colonel Baley, at the Spring, for the inspection of all persons who may call.
It is expected by the Commissioners that the advantages of the village contemplated at the Indian Springs in the use of Mineral Water, and other prospects of health, ought and will bring together a large number to compete for choice at the time of selling the lots.
The daily report of the commissioners lists the sales for April 23-25,
1828, including the lot number, name of the purchaser, total price of the property, and the amount of the installment paid. 7 Lot No. 2 was sold on Wednesday,
April 23, to Baldwin Fluker [spelled "Balowin" in the report], who also pur-
chased Lot No. 13. The t'vo lots are listed together, the purchase price being
$4,350 and the amount paid being $870.
Baldwin Fluker purchased nine other lots, totaling $997, for which he paid a first installment of $198.20. [See commissioners' report in the appen-
dix.] It is important to note here that purchase price for Lots 2 and 13 was
almost half of the total price recieved for all 72 lots-~ $10,436 (i.e., the

91
other 70 lots sold for a total of only $6,086. The tavern and whatever other improvements existed on Lots 2 and 13 were, therefore, considered much more valuable than anything else in the Reserve.
Fluker seems to have been involved in land speculation throughout the State, 8 and it has been suggested, in fact, that the majority of lots at Indian Springs were purchased by speculators. Partial evidence of this is that very few of the lots sold at auction were ever granted at all. It was a common practice for speculators to buy fractional or reserve lots for which they had only to put up 20 percent of the actual purchase price, the remainder to be paid in four annual installments. They would then often acquire extensions on these payment schedules, giving them extensive real estate for speculation with little capital involved and no taxes, as the property was not taxable until it had been granted by the State.9
When the commissioners received the first installment from the purchaser at the auction, they issued what was called a Commissioner's Certificate certifying the purchaser's name, lot number and size, purchase price and amount of the first payment. They noted that the certificate was transferable by written assignment, and tha~ the holder of such certificate would be entitled to a grant for the lot described when the whole of the purchase money was paid. The installments were to be paid to the state treasurer. 10 Some of the certificates, showing a record of payments, are in the files of the Surveyor General Department, but, unfortunately, that of Baldwin Fluker is not available.
Fluker is listed in the 1820 census as a resident of Washington County. 11 He served as a Justice of the Peace in Washington County from 1813 to 1817. 12 In the 1825 tax digest of Washington County, he is listed as paying tax on 4,268-1/4 acres of land in five counties, three lots in Macon and 57 slaves. His tax was $33.10, 5-1/2 mills. His plantation in Washington County was valued at $12,124 in 1829, which does not include the land, but lists 46 slaves

92

{including children). The inventory also includes 10 horses, four mules and a "jack," 2 yokes of work steers, 38 head of stock cattle, 50 head of sheep, 150 head of stock hogs, 25 ploughs, eight spinning wheels and two looms .14 This inventory was made as a result of Fluker's death and the necessity of dividing his estate. His will was written on January 2; 1829, and he died in Macon j i.lst .
. . 15 23 days later.
It is unclear as to when or why Fluker moved to Macon, b~t in the Georgia Journal and Messenger, published at Macon in March of 1828, . there appeared an advertisement for an "assortment of Drugs and Medicines" just recieved by Fluker and Collins. 16 We cannot be sure, however, whether this was the. same Bald.,... win Fluker. It has also been suggested that Macon would have been an advantageous location for a land speculator in the late 1820's. 17
Fluker's will leaves his property to his wife, Sarah Q. Fluker; and four
children, Robert 0. Fluker, Baldwin M.M. Fluker, Rebecca M. Fluker, and Ann E.
18 Fluker, among whom i t was to be divided .. equally. Appointed as executors were his wife, Thomas Pace, Robert 0. Fluker, James Wills and Isaac Rowland. Sarah remained in Bibb County until her death in 1858 ;19 Robert Fluker is buried in Washington County.2

Although Fluker could have owned the tavern and lot only nine months

before his death, this period did include the sunnner ''season" of 1828 at the

.

.

Springs. In a Macon newspaper of May 24, 1828, the following advertisement is

found:

Indian Springs. The subscribers having taken the Tavern Buildings formerly occupied by Col. Bailey, is [sic] now prepared to er1tertain Travellers [sic] and Visitors.

As a place of fashionable resort, either for healthor amusement, the Indian Springs stand unrivalled [sic] by any similar place in the state. The waters have acquired a deserved celebrity in the prevention and cure of diseases, as will be attested by many thousands who have visited the place and witnessed their medicinal virtues. The country innnediately surrounding "the. Springs is healthy and romantic; and from the number and respectability of

93

the company who annually visit the Springs, will be found an agreeable as well as healthful residence, during the summer months.

The Buildings have undergone a thorough repair and extensive

arrangements are made and making by the present occupant, for the

accomodation [sic] of all who may visit the place. His charges

will be moderate, and his fare as good as the country will afford;

and he hopes, from the pains taken and the expense incurred, to be

able to give general satisfaction.

!srael Keith21

Ind Springs May 15, 1828

Because Fluker bought the tavern on April 28 and the above-mentioned Israel Keith is advertising May 15 that the "Subscribers" had taken the buildings formerly belonging to Colonel Bailey, it is possible that Keith and Fluker were in business together. With Fluker's involvement in land speculation, however, it is also quite possible that he had, in less than three weeks, already sold his certificate for Lot No. 2.
An attempt to trace the ownership of Lot No. 2 from Fluker to its grantee, John Nesbit, is most difficult. There is no mention of the Indian Springs property in Fluker's estate records. The ledgers of the Central State Ba~k are not extant that would have included installment payments on the Reserve lot. Neither are deed books helpful, for the lots that were not granted did not appear in deed books. Newspapers of the period, however, have shown that Israel Keith was managing the Inn in 1828. By the summer of 1832, the property was being advertised by still another proprietor.

Indian Springs

The subscriber having returned to the Indian Springs his es tab-

lishment at that place is now open and ready for the reception and

accomodation [sic] of boarders and visitors during the present sea-

son. ..

L.A. Erwin 22

Erwin, therefore, must have managed the hotel at least one year prior to 1832, and perhaps earlier. Three years later, his advertisement carries this announcement:

94
[Leander A. Erwin] has incurred considerable expense in, extend~ ing the improvements and enlarging the means of accom6dating [sic] his guests.
His bar is supplied with excellent wines and his kitchen has the service. of the first cooks in the State.
Neither has he forgot [sic] the amusement of those who may favor him with their company. Some well seletted books, a fine PianoForte, chess and Blockgammon [sic] Boards besides a good performer on the violin will always be at the command of his company 23
The Indian Springs Hotel was beginning to sound much more like a firte resort than~ remote frontier tavern. Juoging from newspapers of the 1830's and 1840's, "springs'~ became very popular vacation spots, several others of
note being Montpelier Springs in Monroe County, Shucco Springs in Warren
County, North Carolina, Warm Springs in Meriwether County and Thundering Springs in Upson C' ounty. 24
John Nisbet of Clarke County received the grant to Lots 2 and 13 at Indian Springs on September 16, 1834. 25 Nisbet, therefore, must have paid at le~st the last installment on the certificate. Leander Erwin continued to
. superintend at Indian Springs, however, at least through the summer of 1835.
Erwin resided in Clarke County for some time and was an incorporator of
the First Presbyterian Church in Athens in 1828, along ~ith John and James Nisbet. 26 Erwin and Nisbet, then, were definitely acquainted. Erwin was also
owner of a tavern in Macon in 1832 and 1833, strengthening the possibility
that he perhaps supervised the hotel during the summer seasort at Indian Springs for Nisbet. 27
John Nisbet (1781-1841) had moved with his family from Iredell County, North Carolina, to Athens, Georgia, in 1823. 28 Both he and his brother, James,
a physician, who also came to Athens, seem to have been prominent in Athens'
affairs of the day. John Nisbet, Judge Augustin Clayton, W:Uiiam Dearing and Abraham Walker built the Athens Manufacturing Company~ a cotton mill using water-driven machinery. 29 It was built, supposedly, "as a protest against the
high tariff on manufactured goods" and 'began operation in February of 1830.

95
Nisbet and Dearing also built the Athens Factory, which was soon destroyed by fire. Nisbet had railroad stock, appraised at $40,000 at the time of his death. 30
In Nisbet's estate records, there is mention of a note dated December 13, 1838, on Waters and Dillon. 31 Thomas C. Nisbet, the administrator for John Nisbet's estate, mentioned in his records several trips to Butts County on business of the estate. A deed was finally issued to Henry Dillon for "the tavern and lot at Indian Springs" on July 9, 1844.32
Thomas C. Nisbet also mentioned in the deed book that John Nisbet, during his lifetime, executed to Morris Matthews of Pulaski County a bond on the property at Indian Springs, formerly belonging to Leander A. Erwin. Matthews then assigned the bond to Henry Dillon. 33 Matthews was occupying the Inn during the summer of 1838, 34 but the 1840 census indicates that Dillon had assumed management at least by 18- 40. 35 Twenty-five males between the ages of 20 and 30 were listed at his residence, indicating that he was accepting boarders.
Henry Dillon was familiar with the hotel business, for he had been a partner with a Mr. Jordon in the Planter Hotel in Monticello, Georgia, beginning in 1826. 36 He was Clerk of the Superior Court in Monticello from 1836 to 1.838. 37 Dillon is listed in the 1850 census as a resident of Butts County, in which he gave his profession and that of his son John, aged 23, as innkeepers. 38 Henry Dillon was 51 years of age in 1850; a family Bible records his death date as July 30 of that year.39
The indenture which records Dillon's sale of the tavern and lots at Indian Springs is dated October 6, 1849.40 By this deed, he sold Lots No. 2 and 3 and all improvements to Jefferson M. Varner, Andrew J. Varner and Clinton G. Varner, all of Jasper County. The purchase price of the property was $7,000, but this amount was not paid all at once.
The appraisal of Henry Dillon's estate included four notes on Jefferson

96
M. Varner, Andrew J. Varner, Clinton L. Varner and Edward Varner, dated as follows:
$2,000, dated October 6, 1849, due December 25, 1850; $2,000, dated October 6, 1849, due December 25, 1851; $450, dated June 27, 1850, due December 25, 1850; and $450, dated June 27, 1850, due December 25, 1851. 41 Evidently, these notes were not paid promptly, for a final deed to the property was riot issued until October 5, 1858, by Dillon's executor. 42 Dillon's total estate was appraised at $8,498~75 on September -3, 1850, which did not include his land. 43 With the purchase of the Inn by Edward Varner for his sons, Jefferson, Andrew and Clinton, in 1849, there began over a century of ownership by one family. The last of the Varner's to own the Inn, Paul J. Varner of Darien, sold it in 1953. Most of the information gathered on this period of ownership has been from the Varner family. Paul J. Varner, who owned the Inn from 1927 until 1953, was interviewed in Darien on January 11, 1975, and his sister, Corneil Varner Davidson of Macon, was interviewed several weeks later. Hr. Varner, who was seriously ill at the time of the interview, died February 17 of that year. Edward Varner, who was a postmaster, farmer and in the mercantile business, and his wife, Cynthia Hardwick Varner, had six children. They both also had children by previous marriages. Oddly enough, the sons for whom he bought the Inn, Jefferson, Andrew and Clinton, seem not to have been much involved with it. Jefferson and Andrew became lawyers in Monticello, and were later killed during the Civil War. Clinton, who was Paul J. Varner's grandfather, moved to Houston County. The daughters (Josephine and Amanda), neither of whom married, lived at the Inn at Indian Springs until their deaths, keeping it as an inn for some years and finally as a private residence. An 1859 "Bill of Fare" of the "Indian Springs Hotel" [see appendix] lists

97
Edward Varner as proprietor. The three brothers had the Inn insured in January, 1854, for $10,000. The policy was with the Southern Mutual Insurance Company, and it described the insured property as "the wooden two story and one story buildings occupied by Edward Varner known as The Indian Springs Hotel including the range of buildings on the opposite side of the street west." In the collection of the Varners at Darien are this original policy, as well as several registration books for the "Indian Springs Hotel," one dated July 16, 1852, used through 1870, and another for the "Varner House," as it had come to be called by 1887. Guests are listed with their places of residence, date of arrival, and the number of "gentlemen,\' "ladies," chlld;ren and servants in their party. States represented besides Georgia include North and South Carolina and Florida. Another ;registration book and a diary kept by "Miss Joe" Varner are in the Georgia Department of Archives and History.
According to family tradition, Edward and Cynthia Varner lived at the Inn and managed it through the 1850's. Their sons were in school and beginning their own careers during this time. Josephine and Amanda were sent to school in LaGrange, Georgia. During the Civil War, Josephine moved to Byromville in Dooley County, where she taught school for some time. Mrs. Davidson related that Edward Varner was threatened so badly by foraging members of Sherman's army that he collapsed and was never fully conscious again. He was taken to a sanatorium in Milledgeville, where he died in 1869.
On March 10, 1881, Cynthia H. Varner, by deed of gift, transferred "the house and lot wherein I now reside in the town of Indian Springs the same being lot #2 and known as the old Indian Springs Hotel containing 2A more or less together with all the house hotel and kitchen furniture" to her daughters, Amanda and Josephine.44
Mrs. Davidson related that the "Varner House" was not used as an inn after 1900, but continued as a family residence. In the will of Amanda Varner, dated March 24, 1915, she left all of her property, both real and personal, to

.98
Josephine, excepting only the Wiley lot at Indian Springs and her "milch cow Susannah Westley. "45 Indian Springs continued to be a popular, even fashionable, resort until the mid-1930's. Mrs. Davidson and other family members often visited for months during the summer season in the early 1900's. At that time; there were 11 bedrooms in the house and "nearly always company."
The front room downstairs on the right was known to the Varners as the "lobby," and the room to the left of the hall as the "ladies' parlor." Miss Joe Varner used the room beyond the parlor as her bedroom until her death in 1928. Along the rear of the house was a long dining room, which was divided about 1900 into the small rooms that now exist. Upstairs, over the lobby, was a large room called the ballroom, which was probably used as such in earlier times. The last pages of the Varner House Register and Ledger for 1857-1861 1 ~. sts IIDancers Names II and IIDancers Names Boar.d~. ng 0u.t.. li46 Paul Varner used "the ballroom" as his bedroom and study for a six-month study in 1927.
According to "Miss Joe," the four upstairs bedrooms on the north end were once eight smaller rooms. She had also told members of the family that the building extended 100-150 feet to the north at one time. This might explain why Lots 2 and 13 are offset in the 1828 plat.
The Varner House was the residence of "Miss Joe" from c. 1850, when her family moved there, until her death at 91 years of age in 1928, although she was away during the 1850's and 1860's for periods of time. In her will [see appendix], she instructed that her property be sold and the proceeds divided equally among the heirs of five brothers. 47 Paul J. Varner bought the house from "Miss Joe," however, on October 24, 1927. 48 Although he never used it as a permanent residence, his father, Forrest Varner, and sister Corneil made it their home. Forrest Varner lived there until his death in 1950. At that time, Paul Varner offered the property to the State, realizing its value as a historic property, but at that time, the State was not interested. Mr. J.H. Elliot then approached Varner and, in 1953, the property was deeded to him. 49

99
Mr. Elliot, an antiques dealer from Madison and Atlanta, created his own historical museum at the Inn. Not until that time, did it become known as the Mcintosh Inn. The museum was open to the public for a number of years, and many tourists visited it then.
The State of Georgia took title to Lot No. 2 and the "Mcintosh Inn" on February 28, 1975, establishing its recognition as a State historic site. At present, the Inn sits on its kudzu-covered hillside mutely awaiting the renovation, renewal and interpretation that will present its vivid and enthralling history to the public.

100
FOOTNOTES
A Narrative Concerning the Owners of the Mcintosh Inn after 1828
1 Charles C. Royce, Indian Land Cessions in the United States. Eighteenth Annual Report of the Bureau of American Ethnology ("1-Tashington, D. C.: 1899), p. 708.
2 Acts of the General Assembly of the State of Georgia Passed in Milledgeville at Annual Session in November and December 1827 (Milledgeville, Ga.: Camak and Ragland, 1827), p. 119.
3 The Savannah Georgian, Vol. X, No. 87 (Savannah, Ga.: March 8, 1825), p. 3, col. 2.
4 Ibid.
5 Ibid.
6 Ibid. Joe Bailey purchased six lots, Nos. 5, 10, 29, 36, 45 and 63 for a total of $870. It is puzzling that he did not purchase Lot No. 2 and the Inn, since he had been so closely associated with it for a number of years. Perhaps the bidding exceeded his available funds, since Lots No. 2 and 13 were comparatively quite expensive.
7 Loose papers in the Office of the Surveyor General of the State of Georgia. [See appendix.]
8 Conversation with Tom Pierce of the Georgia Institute of Technology, who is preparing a dissertation on Georgia's land lotteries; March 19, 1975.
9 Ibid.
10 William C. Dawson, Compilation of the Laws of the State of Georgia Passed z
the General Assembly, 1819-1829 (Milledgeville, Ga.: Grantland and Orme, 1831)' p. 264.
ll Index~ the 1820 Census of Georgia (Savannah, Ga.: compiled under the auspices of the Georgia Historical Society, 1963).
12 Information in card file located in the Georgia Department of Archives and History.
13 Elizabeth P. Newsome (ed.), Washington County, Georgia, 1825 Tax Digest (Printed by Elizabeth P. Newsome, copyright applied for, 1968), p. 75.
14 Bibb County, Georgia, Annual Returns Book ! 1823-1837 (Court of Ordinary), pp. 150-152.
15 Bibb County, Georgia, Will Book! (Court of Ordinary), p. 12.
Mary B. Warren, Marriages and Deaths, 1820-1830, Heritage Papers (Danielsville, Ga.: 1972).

101

16 Georgia Journal and Messenger, Vol. VI, No. 3 (Macon, Ga.: March 31, 1828), p. 1, col. 2.
l7 Tom Pierce, lac. cit

. 18 Bibb County, Georgia, Will Book.!:_, lac. cit.

19 Bibb County, Georgia, Annual Returns Book .!_ (Court of Ordinary), p. 632.

20 Elizabeth P. Newsome (camp.), Washington County, Georgia, Tombstone tnscrip-

tions (mimeographed by Elizabeth P. Newsome, c. 1967).



21 Georgia Messenger, Vol. VI, No. 11 (Macon, Ga.: May 24, 1828), p. 3, col. 6 Since Keith says he has taken the inn formerly occupied by Col. Bailey, it is assumed that Joel Bailey was managing the inn just prior to Keith, probably 1826 and 1827, though this is not absolutely clear. In 1828, Bailey began building his own resort, the "Mountain Spout Retreat," one-half mile south of the Spring. Georgia Messenger, May 9, 1829, Vol. VII, No. 9, p. 3,
col. 6.

22 Ibid, Vol. VX, No. 14 (June 9, 1832), p. 4, col. 1.

23 Ibid, Vol. XIII, No. 16, p. 4, col. 2.
24 Ibid, Vol. IX, No. 15 (June 18, 1831), p. 4, col. 7; Vol. VIII, No. 15 (June 10, 1830), p. 3, col. 6; Vol. XIX, No. 22 (July 22, 1841), p. 1, col. 1.
25 Butts County, Georgia, Grant Book, Butts Reserves (Office of the Surveyor General of Georgia) , p. 19.
26 Ernest G. Hynds, Antebellum Athens and Clarke County (Athens, Ga.: University of Georgia Press, 1974), p. llr:-

27 Georgia Messenger, .2. cit., Vol. X, No. 14 (June 9, 1832), p. 4, col. 1; Vol. XII, No. 17, p. 4,~1. 4.

28 Robert M. Myers (ed.), Children of Pride,.!:_ True Story of Georgia and the

Civil War (New Haven, Conn., 1972), p. 1,636.

--

------

29 Augustus L. Hull, Annals of Athens, Georgia, 1801-1901 (Athens, Ga.: Banner Job Office, 1906), p. 101-.-

30 Clarke County, Georgia, Annual Returns Book.!! (Court of Ordinary), pp. 547558.
31 Ibid, Annual Returns Book 2 pp. 131-136.
32 Butts County, Georgia, Deed Book! (Clerk of Superior Court), p. 209. 33 Ibid.

34 Georgia Messenger, Vol. XX, No. 12 (June 16, 1842) , p. 3, col. 6.

102
35 Butts County, Georgia, U.S. Census, 1840 (located on microfilm, Georgia Department of Archives and History),-p:-14.
36 Information. from Mrs. Frank Castile of Forsyth, Georgia, whose husband is a descendant of Henry Dillon.
37 Ibid.
38 Butts County, Georgia, U.S. Census, 1850 (located on microfilm, Georgia Department of Archives and History) ,-p:-31-31.
39 James Berry Camp Family Bible (located on Microfilm Reel 223-24, Georgia Department of Archives and History).
40 Butts County, Georgia, -De-ed -Bo-ok-G (Clerk of Superior Court), P~ 442.
41 Butts County, Georgia, Wills and Returns, 1845-1851 (Court of Ordinary), p. 430.
42 Butts County, Georgia, Deed Book Q, op. cit., p. 450. 43 Butts County, Georgia, Wills and Returns , 1845-1851, loc. cit. 44 Butts County, Georgia, Deed Book 1_, op. cit., p. 193. 45 Butts County, Georgia, Will Book ! E.E. cit., P 136. 46 Manuscripts Division, Georgia Department of Archives and History.
47 Butts County, Georgia, Will Book!, E.E. cit., p. 232. 48 Butts County, Georgia, Deed Book!_, E.E. cii::., p. 125. 49 Butts, County, Georgia, Deed Book 20, E.E. cit. (August 18, 1953), p. 11

lO'l
Selected Tax Records Butts County, Georgia, Tax Digest
(Indian Springs District - 614) *

1871 - Mrs. C.H. Varner
Aggregate value of city or town property Aggregate value of whole property Aggregate value of whole property deducting $200

- $1,500 1,500
- $1,300

1876 - Synthia [Cynthia] H. Varner
Aggregate value of city or town property Aggregate value of household and kitchen furniture Horses, mules, hogs, sheep, cattle Aggregate value of whole property

- $1,000 200 50
- $1,250

1877 - Cynthia H. Varner
27 acres, total acres of land Aggregate value of city or town property Value of household and kitchen property, pianos, organs, etc~ Watches, silver plate and jewelry of all kinds, worn by owner
or not Aggregate value of whole property

- $1,100 100
75 - $1,175

- Amanda Varner
Value of household and kitchen furnishings, pianos, organs Watches, silver plate and jewelry of all kinds, worn by owner
or not Horses, mules, hogs, cattle, sheep and all other stock Aggregate value of whole property

- $ 100
75 30 - $ 205

1880 -Mrs. Cynthia Varner
Total number acres of land, 27 Aggregate value of city or town property Value of household or kitchen furniture, pianos, organs, etc. Horses, mules, hogs, cattle, sheep and all other stock Aggregate value of whole property

- $1,000 75 15
- $1,090

- Amanda Varner

Aggregate yalue of city or town property

- $ 500

Value of household and kitchen furniture, pianos, organs, etc.

200

1877 - Amanda Varner (continued)
Horses, mules, hogs, sheep, cattle and all other stock Aggregate value of whole property

104 -$825

- Joe [Josephine] Varner

Value of household and kitchen furniture, pianos, organs, etc. Watches, silver plate and jewelry of all kinds, worn by owner
or not Aggregate value of whole property

- $ 25
75 - $ ' 100

1883 - Sindy [Cynthia] H. Varner
Total acres of land, 27 Aggregate value of city or town property Aggregate value of whole property

$1,000 $1,000

- A & J [Amanda and Josephine] Varner

Total acres of land, 27

Aggregate value of city or town property

- $ 500

Value of household and kitchen furniture, pianos, organs, etc.

200

Watches, silver plate and jewelry of all kinds, worn by owner

or not

100

Horses, mules, hogs, sheep, cattle and all other stock

25

Aggregate value of whole property

- $ 825

1884 - A & J Varner

Total acres of land, 55 Aggregate value of land Aggregate value of city or town property Valueof household and kitchen furniture, pianos, organs, etc. Watches, silver plate and jewelry of all kinds, worn by owner
or not Horses, mules, hogs, sheep, cattle and all other stock Aggregate value of whole property

- $ 220 1,000 200
50 25 - $ 825

1888 - Miss A & J Varner

Total number acres of land, 60 Aggregate value of land Aggregate value of city or town property Value of household and kitchen furniture, pianos, organs,
libraries, pictures; etc. Watches, silver plate and jewelry of all kinds, worn by owner
or not Horses, mules, hogs, sheep, cattle arid all other stock Plantation and mechanical tools Aggregate value of whole property

- $ 600 1;500
151
50 60 125 - $2,486

1889 - Miss A & J Varner
Total number acres of land, 130 Aggregate value of land Aggregate value of city or town property Value of household and kitchen furniture, pianos, organs,
libraries, pictures, etc. Horses, mules, hogs, sheep, cattle and all other stock Plantation and mechanical tools Aggregate value of whole property

105
- $ 910 1,500 225 90 75
- $2,850

1900 - Misses A & J Varner

Total number acres of land, 300 Aggregate value of land, including buildings Aggregate value of city or town property Value of household and kitchen furniture, pianos, organs,
libraries, pictures, etc. Watches, silver plate and jewelry of all kinds, worn by owner
or not Horses, mules, hogs, sheep, cattle and all other stock Carriages, wagons and buggies, plantation and mechanical tools Aggregate value of whole property

- $1,500 2,500
170
5
70 20 - $4,265

1921 - Miss Joe Varner
Number acres of land, 50 Market value of improved lands, including buildings, acres Market value of city or town property Market value of household and kitchen furniture, silver,
books, pianos, clocks, bedding, etc. Aggregate value of whole property for regular digest

- $ 350 1,000
so
- $1,400

1941 - Paul J. Varner
Lands, improved and unimproved, including buildings Acres, 10-3/4 Market value
Aggregate value of whole property for regular digest Net taxable for all purposes

- $2,275 2,2 75
- $2,275

1951 - Paul J. Varner
Lands, improved and unimproved, including buildings Acres, 202.75
Market value Market value of household and kitchen furniture Aggregate value of whole property for regular digest Net taxable for all purposes

- $2,875 100
2,9 75 - $2,975

1961 - J.H~ Elliot, Jr.
Lands, improved or-unimproved Acres, 2.5 Market value [erroneously entered under land lot number]
Market value of automobiles, motorcycles, bicycles Market value of livestock, household and kitchen furniture,
jewelry, etc. Aggregate value of whole property for regular digest Net taxable for all purposes

106
- $1,000 360 300
.1,660 - $1,660

* Tax records for Butts County, 1831, are available, but are not included here
because Lot No. 2 had not been granted at that time and, therefore, was not
taxable. Information from these records, along with the 1828 tax records, which are in a private collection, will be included in a subsequent section, as they are more appropriate to a discussion of the Creek period.

BIBLIOGRAPHY

107
A BIBLIOGRAPHICAL INVENTORY OF SOURCE MATERIAL
FOR MCINTOSH INN
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108
on Microfilm Reel 7-50).
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109
Hawkins, Benjamin. A Sketch of the Creek Country in the Years 1798 and 1799 (Special Collections, Emory{i;iversity; published in GeorgLilfi~r~ Society Collections, Vol. III, Pt. l).
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Mitchell, Samuel. "The Progress of the Human Mind from Rudeness to Refinement; exemplified in an Account of the Method pursued by Colonel Benjamin Hawkins, under the Authority of the Government of the United States to civilize certain Tribes of Savages within their terri tory," The American Monthly Magazine and Critical Review, Vol. III, No. 5 (Sept., 1818).
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110
Prince, Oliver H. A Digest of the Laws of the State !_ Georgia (Milledgeville,
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- - - - - - - - - - - - -. Mcintosh and His Friends and the Troubles Which Have Arisen in the Indian
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Troup, George C. Letters of Governor George Troup, 1824-1826 (located in File 2, Georgia Department of Archives and History).
~ True and Historic Narrative of the Colony of Georgia in America, ~ etc. (Charlestown, S.C.: 1741).
United States Bureau of Indian Affairs, Office of Indian Trade. Creek Factory Trading House Letter Book, 1795-1816 (located on Microfilm Reel 100-54 at Georgia Department of Archives and History; other material includes 1796~ 1821, vouchers, Reel 189-2; 1796-1797, journal and ledger, Reel 189-2; 1:796-1802, journal and ledger, Reel 189-4; 1801-1807, journals, Reel 1892; 1808-1820, journals, 189-3; 1798-1813, ledgers, Reel 189-4; 1808-1820, ledgers, Reel 189-4; 1808-1814, journal of Benjamin Hawkins, Reel 189-4; 1808-1814, ledger of Hawk in's accounts, Reel 189-4; 1795-1814, correspondence .received and sent by factory and other offices, Reel 189-l; 17941818, Creek Agency East, letters received, licenses to trade, vouchers, Reel 189-1; 1795-1801, Fort Wilkinson Garrison Records, Reel 185-44; 18261836, letters received concerning Creek Agency West, Reel 101-29; 18241825, letters received concerning Creek Agency, Reel 101-21; 1826, Reel 101-22; Georgia Department of Archives and History).
United States Commissioner of Indian Affairs. Treaties Between the United States of America ~ the General Indian Tribes ~ 1778 to 1837 (Washington, D.C.: Longtree and O'Sullivan, 1837).
United States Congress. Report!!. Messages of the President (Select Committee, House Reports, No. 98, 19th Congress, 2nd Session, Vol. III, March 3, 1827, Washington, D.C.: Government Printing Office).

111
Varner, Joe. Diaries of Miss Joe Varner, 1862-1928 (part of the Varner Collection in possessio;-of Birfu V. Sanders, Newman Hospital, Newman, Georgia; located on Microfilm Reel 16-619 at Georgia Department of Archives and History).
Williams, Samuel Cole (ed). Adair's History of the American Indians (New York: Promontory Press, 1930; original published in 1775) .
Woodward, Thomas s. Woodward's Reminiscences !the Creek E Muscogee Indians, Contained in Letters .:!: Friends in Georgia and Alabama (Montgomery, Ala.:
1859; reprinted by Alabama Book store, Tuscaloosa, Ala., and Birmingham Book Exchange, Birniingham, Ala., 1939).
Newspapers
The Augusta Chronicle (Augusta, Ga.); October 15 - December 31, 1821, Microfilm Reel 79-5; January 3 -April 11, 1822, Microfilm Reel 79-5; November 26, 1825, Microfilm Reel 49-74 (Micli<Dlfilm located at Georgia Department of Archives and History).
The Georgia Journal (Milledgeville, Ga.); June 14, 1825, Microfilm Reel 19-77; documents relating to the death of William Mcintosh and a message to the Legislature, April 12, 1825, Microfilm Reel 19-77; June 4, 1825, Microfilm Reel 39-70 (Microfilm located at Georgia Department of Archives and History).
The Georgia Journal and Messenger (Macon, Ga.): March 21 - Dec~mber 3, 1823, Microfilm Reel 61-76; December 10, 1823 - March 16, 1825, Microfilm Reel 61-76; December 10, 1823 - December 31, 1831, Microfilm Reel 51-70 (Microfilm located at Georgia Department of Archives and History).
The Georgia Patriot (Milledgeville, Ga.); January 6- December 28, 1824, and January 6 - December 27, 1825, located on Microfilm Reel 32-51 at Georgia Department of Archives and History.
Niles Weekly Register (Baltimore, Md.); Volumes 1-52, September 7, 1811 -August 26, 1837, located on Microfilm at Georgia State University).
Southern Centinel and Gazette of the State (Augusta, Ga.); 1793-1799 locat~d on Microfilm Reel 90-54 at Georgia Department of Archives and History (incomplete series).
The Southern Recorder (Milledgeville, Ga.); February, 1820 - September, 1825, incomplete volume, Microfilm Reel 185-55; September, 1826 - June, 1831, Microfilm Reel 185-56 (Microfilm located at Georgia Department of Archives and History)

112.
Secondary Sources
Abel, Annie Heloise. The Histor;y of Events .Resulting in Indian Consolidation West of the Mississipri, in American Historical Association Annual Report for 1906 (Washington, D.C., 1908).
Atwell, Virginia (ed). Georgia Official and Statistical Register (Atlanta, Ga. : Longine & .Porter, Inc. , Publishe,rs)
Bonner, James c. "William Mcintosh," Georgians in Profile; Horace Montgomery
(ed.) (Athens, Ga., 1958).
Brown, John P. Old Frontiers (Kingsport, Tenn.: Southern Publishing, Inc., 19 38)
Bryans, J .H. History and Scenes ~ Indian Springs, 1792-1906 (Macon, Ga.: Coggin Publishers, 1874); located on Microfilm Reel 8-29 at Georgia Department of Archives and History).
Bryans, J.H. Indian Springs: ~Condensed History of~ Discovery; Medical Review of Medicinal Properties of ~Waters, 1792-1874 (located on Microfilm Reel 8-29 at Georgia Department of Archives and History).
Bulloch, J.G.B. A History~ Genealogy !the Family of Baillie of Dimain, With ~ Short Sketch of the Family of Mcintosh (1898).
Caughey, John Walton~ McGillivrary of the Creeks (Norman, Okla.: University of Oklahoma Press , 19 38)
Chappell, Absalom Harris. Miscellanies of Geor9ia, Historical, Bibliographical, Descriptive, Etc. (Columbus, Ga.: printed by T. Gilbert, 1874; SpeCollections, Emory University)
Church Histories and Family Histories of Butts County, Georgia; Cemetery and Bible Records (compiled by the Georgia Daughters of the American Revolution Genealogical Records Committee; located at the Georgia Department of Archives and History).
Claiborne, John Francis Hamtrack. Life ~Times of General Samuel Dale, the Mississippi Partisan (New York: Harper & Brothers, 1860; prepared by the author from Dale's own account of his adventures).
Corbin, Harriet Turner. A History and Genealogy of Chief William Mcintosh, Jr. and His Known Descendants (Long Beach, Calif.: 1967; located at the Department of Archives and History) .
Corkran, David H. The Creek Frontier, 1540-1783 (Norman, Okla.: University o f Oklahoma Press, 1967).
Corry, John Pitts. Indian Affairs in Georgia, 1732-1756 (Philadelphia: George S. Ferguson, 1936).
Cotterhill, R.S. The Southern Indians (Norman, Okla.: University of Oklahoma Press, 1954).

113
Coulter, E. Merton. Georgia, A Short History (Chapel Hill, N.C.: University of North Carolina Press, 1933)
Debo, Angie. The Road to Disappearance (Norman, Okla.: University of Oklahoma Press, 1941)
Eaton, John Henry. ~~~Major General Andrew Jackson: Comprising~ His-
.:!:,9EX. of the War in the South; from the Commencement ~ the CreE;!k Campaign
(Philadelphia: MiCarty & Davis, 1828; Special C:ollections, Emory Univer,sity).
Eggleston, George Cary . . Red Ea2le and the ~with ~ Cre.ek Indians of ~ ~(New York: Dodd, Mead & Co., 1878).
Foreman, Grant. The Five Civilized Tribes (Norman, Okla.: University of Oklahoma Press, 1934).
Foreman, Grant. Indian Removal (Norman, Okla., 1932).
Goff, John H. "The Path to Oakfuskee: Upper Trading Route in Georgia to the Creek Indians," The Geor2ia Historical Quarterly, Vol. XXXIX, No . l (March, 1955).
Halbert, H.S. and T.H. Ball. The Creek War of 1813 and 1814 (Montgomery, Ala.: White, Woodruff and Fowle-r,-1893). - - - - - - - - - -
Harden, Edward Jenkins. The~ of George M. Troup {Savannah, Ga.: E.J. Purse, 1859) .
Harris, John L. Correspondence, News clippings, Pamphlets, etc., Relating to
Creek Indians ~ C:ompiled Ex. ~ _!;. Harris (Microfilm Reel! 186-6 7 at
Georgia Department of Archives and History, John L. Harris Collection).
Harris, Walter A. ~ the C:reeks ~ Down (Macon, Ga.: printed by J .w. Burke
Co. , 1958)
Hawes 1 Lilla Mills (ed) Lachlan Mcintosh Papers in the University of Georgia Libraries (Athens, Ga.: University of Georgia Press, 1968).
Hayden, Ralston. The Senate and Treaties, 1789-1817, ~ Development of the Treaty-Making Functions of the United States Senate Durin2 Their Formative Period (New York: MacMillan, 1920).
Hewitt, J.N.B. Notes ~the Creek Indians (Bureau of American Et~nology, Bulletin 123, Anthropological Papers No. 10).
Hicks, Alberta Kenard. Indian SprinSJ; Histo:r:y and Poems of Indian Springs (Atlanta, Ga.: 1949).
Houston, Martha Lou (comp). Reprint of Official Re2ister of Land Lottery of Georgia, 1827 (Columbus,. Ga.: printed by Walton-Forlies C:o., 1929).
Index :2. the Savannah, Georgia Newspapers, 1770-1826 (located at the Depart-
ment of Archives and History).

114
Linton, Ralph (ed.) Acculturation in Seven American Indian Tribes (New York, 1940) .
Mooney, James. The Ghost Dance Religion and Wounded Knee, Bureau of American Ethnology, 14th~ual Report, Part 21washington, D.C., 1896; reprinted, 1973) .
Owen, Thomas M. History of Alabama and Dictionary of Alabama Biography, Vol. I (Chicago, 1921)
Phillips, Ulrich Bo.nnell. Georgia and states' Rights (Antioch Pres s , 1968; originally published in 1902)
Pickett, Albert James. History of Alabama and Incidentally Georgia ~ Mississippi, from the Earliest Period (Charleston, S.C.: Walker & James, 1851) .
Pound, Merritt Bloodworth. Benjamin Hawkins, Indian Agent (Athens, Ga.: University of Georgia Press, 1951).
Rowland, Arthur Ray. !! Bibliography of the Writings on Georgia History (The
Shoe String Press, Inc., Archon Books, 1966).
Royce, Charles C. Indian~ Cessions in the United States (Washington, D.C.: Eighteenth American Reprinting, Bureau of American Ethnology, Part 2).
Schlesinger, Arthur M. The Age of Jackson (New York: Little, Brown Publishing Co., 1945) .
Scott, W.T. Mcintosh Family Tree (Muskogee, Okla.: 1959).
Speck, Frank Gouldsmith. Ceremonial Songs of the Creek and Yuchi Indians (Philadelphia: University Museum, 1911).
Spaehr, Alexander. Changing Kinship Systems; ~Study in the Acculturation of the Creeks, Cherokee and Choctaw (Chicago: Field Museum of Natural History, Publication 583, Anthropological Series Vol. 33, No. 4, 1947).
Starrett, Paul. Appraisal Report. Lands in Southern Georgia and Southeastern Alabama Ceded ~ the Creek Nation. Before the Indian Claims Commission,
Docket No. ~- Valued as of August~' 1814. Prepared for u.s. Depart-
~ of Justice, Washington, n~c. (Indianapolis[?] 1957 [?] Special Collections, Emory University).
Sunderman, James F. (ed) Journey into Wilderness: Journal of Jacob R. Motte (Gainesville, Fla.: University of Florida Press).
Swanton, John R. "Aboriginal Culture of the Southeast," Bureau of American Ethnology, 42nd Annual Report (Washington, D.C., 1928).
Swanton, John Reed. Early History of Creek Indians and Their Neighbors (Washington, D.C.: Bureau of American Ethnology, Bulletin 73, 1922).

115
Swanton, John Reed. Indian Tribes of North America (Washington, D. C.: Bureau of American Ethnology, Bulleti-;-145, 1953).
Swanton, John Reed. The Indians of the Southeastern United States (Washington, D.C.: Bureau of American Ethnology, Bulletin 137, 1946).
Swanton, John Reed. The Interpretation of Aboriginal Mounds l. Means of Creek
Indian customs (Washington, D.C.: Smithsonian Institution Annual Report, 1927, printed 1928).
swanton, John Reed. Modern Square Grounds of the Creek Indians (Washington, D.C.: Smithsonian Institution Miscellaneous Collection, Vol. 89, No. 8,
Swanton, John Reed. Myths and Tales of Southeastern Indians (Washington, D.C.: Smithsonian Institution, 1929).
swanton, John R. "Religious Beliefs and Medical Practices of the Creek Indians," Bureau of American Ethnology, 42nd Annual Report (Washington, D.C., 1928) .
De Vorsey, Louts, Jr. The Indian Boundary in the Southern Colonies, 1763-1775 Chapel Hill, N.C.: University of North carolina Press, 1961).
Waring, Antonio J. (ed). Laws of the Creek Nation (Athens, Ga.: University of Georgia Press, 1960).
White, George. Historical Collections of Georgia (New York: Pudney & Russell, 1854) .
White, George. Statistics .f the State of Georgia (Savannah, Ga.: W. Thorne
Williams, 1849)
Wissler, Clark. Indians of the United States; Four Centuries of Their History and Culture (New York: Doubleday & Co., 1946).
Wright, A.H. Our Georgia-Florida Frontier; the Okefinokee Swamp, Its History and Cartograghy (Ithaca, N.Y.: by the author, 1943).
Wright, James Leitch. William Augustus Bowles, Director General! the Creek Nation (Athens, Ga. : University of Georgia Press, 196 7)
Young, Mary Elizabeth. Redskins, Ruffleshirts and Rednecks; Indian Allotments in Alabama and Mississippi, 1830-1860 (No~, Okla.: University of Oklahoma Press, 1961).

116
Periodicals
Caughey, John. "Alexander McGilli vrary and the Creek Crisis, .1783-.1789," Ne w Spain and the Anglo-American West, Vol. I, 1932.
Chronicles of Oklahoma (Oklahoma Historical Society); Vol. XXI, 1943; Vol. XXIX, 1951; ~ol. X, 1932).
Corbitt, D.C. (ed). "Papers Relating to the Georgia-Florida ~rontiers, 17841800," Georgia Historical Quarterly (Georgia Historical Society) ; Vol. XX, 1936; Vol. XXI, 1937; Vol. XXII, 1938; Vol. XXIII, 1939; Vol. XXIV, 1940; Vol. XXV, March-June, 1941).
Coulter, E. Merton. "Mary Musgrove, ;Queen of the Creeks,' a Chapter of Early Georgia Troubles," Georgia Historical Quarterly (Georgia Historical Society), Vol. XI, March, 1927.
"The Creek Troubles of 179 3," Georgia Historical Quarterly (Georgia Historical Society) , Vol. XI, September, 1927 (several letters taken from the order book of General John Twiggs)
Downes, Randolph C. "Creek-American Relations, l 782-l 790," Ge orgi.il His tori c al Quarterly (Georgia Historical Society), Vol. XXI, 1937.
Hall, Bolling. "An Expression of Contemporary Opinion from Alabama on the Controversy of Georgia with President Adams Over the Creek Indian Lands," Gulf State Historical Magazine (Vol. I, March, 1903).
Harden, William. "The Case of George Mcintosh," Georgia Historical Quarterly, (Georgia Historical Society) , Vol. III, September, 1919.
Harkinson, Christine Park. "Indian Springs," Georgia Review (Vol. I, Winter, 194 7) .
Harris, Walter A. "Old Ocmulgee Fields, the Capital Town of the Creek Confe deration," Georgia Historical Quarterly (Georgia Historical Society), Vol. XIX, 1935.
Kinnaird, Laurence. "International Rivalry in the Creek Country, Part I, The Ascendancy of Alexander McGillivrary, 1783-1789," Florida Historical Soci~ Quarterly (Florida Historical Society), Vol . .X, 1931.
I
Kinnaird, Lucia Burk. "The Rock Landing Conference of 1789," North Carolina Historical Review (Vol. IX, 1932)
Kurtz, Wilbur G. "Standing Peach Tree," Early Georgia (Vol. I, 1951) .

117
Lawrence, Alexander A. "General Lachlan Mcintosh (1727-1806) and His Suspension from Continental Command During the Revolution," Georgia Historical Quarterly (Georgia Historical Society), Vol. XXXVIII, June, 1954.
Laurence, Alexander and Gordon Banks. "Lachlan Mcintosh vs. George Walton," Manuscripts (formerly Autograph Collectors Journal, New York), Vol. VII, Summer, 1955.
Mahon, Joseph B. "The Carolina Brigade Sent Against the Creek Indians in 1814," North Carolina Historical~ Review (Vol. XXVIII, October, 1951.
Mattison, Ray H. "The Creek Trading House," Georgia Historical Quarterly (Georgia Historical Society), Vol. XXX, September, 1946.
Meserve, John Barlett. "The Macintoshes," Chronicles of Oklahoma (Oklahoma Historical Society), Vol. X, 1932.
"Oglethorpe's Treaty with the Lower Creek Indians (1739) , " Georgia Historical Quarterly (Georgia Historical Society), Vol. IV, March, 1920.
Sears, William Hulse. "Creek and Cherokee Culture in the Eighteenth Century, Georgia, the Carolinas, Tennessee and Alabama," American Antiquity (Vol. XXI, October, 1955.
Silver, James W. "General Gaines Meets .Governor Troup," Georgia Historical Quarterly (Georgia Historical Society), Vol. XXVII, September, 1943.
Swanton, John Reed. "An Indian Social Experience and Some of Its Lessons," Science Monthly (Vol. XXXI, October, 1930)
Tait, James A. "Journal of James A. Tait for the Year 1813," Georgia Historical Quarterly (Georgia Historical Society), Vol . VIII, September, 1924.
HA Talk of the Creek Nation [and] a Letter from Daniel McGillivrary to William Parton. Respecting William Augustus Bowles," Florida Historical Society Quarterly (Florida Historical Society), Vol. XI, 1932.
Young, Mary E. "The Creek Frauds: a Study in Conscience and Corruption," Mississippi Valley Historical Review (Vol. XLII, December, 1955).

THE "MCINTOSH INN"
Photographs by Van Jones Martin
Architectural Comments by Elizabeth Z. Macgregor
Since these photographs were taken in 1974, the site has become state property and the furnishings (which were not sold to the state) have been removed by Mr. James H. Elliott,Jr. and sold. They were not part of the history of the Inn and were not retained by the state.

118
This pho~ogr'aph is from Knight's Georgia's Landmaxl<s, Me mo riaJ s a nd Lesends~ Vol. II, opposite page 6]..2~ publ;Lshed inl914.

11 9 The "Mcintosh Inn" as it appears tnday.

120 Rear View of ','~clntosh Inn"

121 Rear and Side View of ":1cintosh fnn"

122
Front porch view showing simple entablature-framed. door and twelveover-twelve windows.

123 Close-tip view of door desi'gn. ,

124
Photograph showing foundation materials and ac~ess to undergroundbasement.

125
. Photograph of hallway with interior stairs, horizontal siding and chair tail.

126
Both of these maritel designs [also see following 'page] show a sophisti~ated. designer; the Variety of mantel designS. of. Stich an early date and in' such an undeveloped area is significant

127

128
Photograph . of presently-called "bedroorn;" again, .an early type of mantel :i.n a simple, primitive manner in which the pilasters support the shelf and not the freize.

129
Photograph of presently-called "office room" mantel; early design date is substantiated by the simple design and the height of the freize and shelf.

130
Photograph of dining room showing wainscotting and 11Cross-and-Bible" door designs.

131
Photograph of dining room; note panelled wainscotting, beaded chair and door trim, Adamesque-designmantel with three-:-part freize and shelf supported by fluted pilasters. This type design, for rural areas, is very sophisticated.

APPENDIX

APPENDIX Table of Contents

Hall's Original County Map of Georgia (1895)
(locating Butts County) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1

~ Path to Oakfuskee and Its Major Connections (locating Indian Springs) . . . . . . . A-2
The Creek Treaties: 1821-1832 .......................................

Notice of Celebrity of Indian Springs (The Daily Georgian, Savannah, 1824) . . . . . . . . . . . A-22

Notice of "The Indian Mineral Springs" (The Georgia Journal, Milledgeville, 1827) ... A-23

Indian Springs Tavern Advertisement (The Macon Journal and Messenger, Macon, 1828) . A-24

Indian Springs Tavern Advertisement (The Macon Journal and Messenger, Macon, 1832)

A-25

Georgia, Butts County, Map of Reserve and Village at Indian Springs, March, 1828 . . . . . . A-25a

Report of the Commissioners Appointed to Dispose of the Mcintosh Reserves in the County of Butts. April 1828

A-26

Inventory and Appraisement of the Estate of Henry Dillon .. A-35
Will of Cynthia !! Varner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-39

- - - Will of .Amanda Varner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-41
Will of Miss Joe Varner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-42

Genealogical Information Concerning the Varner Family . A-44

Original Bill of Fare of Varner's Hotel, 1859 .... A-48

A-1

"N t . .....,.,_. r- JI
HALL.:S ORIGit\!AL COU~TY bM~ OF
GEQJRIG~~
SHDWINB PRESENT AND ORIGINAL COUNTIES AND LAND DISTRICTS.


I
)o .

~0"T' IIIlA DC ro.. ..Oft.\.'MoLP11100"

r

L

.... 5.Jt"Y' Of \TATE .

0

I

I --.....-- ,.,,,.~-:!~



0
..

towu,. r.

10 ., ICMOTA

i-~Pt81 LO /:
I

1 \__

nc uocTA'IIf&
\
l

~ PAT~ TO OAKrUSIC[[

~ITS MAJOQ CONN[CTIONS

... ..,. ..__,.
-- .... R

,...,. TIAIU
FOIT SITII ttiNI VIUIItl .. ,_.
,.v

- - - - -.....-~!"' KAU : .. IIICII ,..,_IIUTILY ll.J ....,.

From John H. Goff. "The Path to Oakfuskee: Upper Traaiag Route in Georgia, to the Creek
Indians," .'!!:!.! Georgia Historical Quarterly,
XXXIX, No. 1,! March, 1955.

A-3

THE CREEK TRE.A.TIES :
1821-1832

from Charles J. Kappler
Indian .A-ffairs, Laws and Treaties Vol. II (Treaties) (Washington, 1904)

TREATY WITH. THE CREEKS. 1821.

\18 .J,?t{cl~s r!f a trea~y enten:.d into a~ t/u? ,Iudia11 Spri-ng, in t~w Creel.~ - -..~11'~:.. 21:_ __

f 1\utum, [Jif ]Jruud )!.
l :rJl lli.'I'Cl _.1/r'J'I''II'df1l ei', t!

JIllIo<!rn,<-o-.';fa, tto'

fr~ft'!~t(_? 'rr.:SOtIa'[JteI((o,'

f
x

p.Je.1corutt ll./~y

('wolma, mul 7 stul. , Jta. .
./"1' appo.wterr:J Mnl'rr. u~l. '1I~R!1m. i\IIOJJ,

t/l(t( pm'}Jot::c, 011 tlw part (f II"'- Unit, d Statt-s; and tlu 0/,i,;f._~, ]f,.llrl

_.1/cn, and H'itrrimw, r~ftlw Otcd~ J.ratlrm, in cmmcil {(88t.!lltblul.

AnT. l. The Chiefs, Head J\Jen, and \YniTiors, of tho Creek Nation~ c <:::Irion J.y the
in IH~half of the said nation. do, by these presents, cede to the lJnit(d "

~tates all that tract or pared of land, situate, lying, and llPing, east of

the follo\\'iug bounds and limits, \iz: Beginning- on the ea,;t hnnk of BuuJJ<lHrie".

Flint rinr, wh\'f'(\ ,Jaeks<lll's line cro,;sv,;, l'llllllillg theme, up the l':tst-

em lank of the same. along the water's C"dge, to tlw IHad of the prirwi-

pal w<stern lmmeh; frol1l tlu~ll<'l', the neare,;t :tlld a direet liHc, to the

Chatalwoehe rinr, up the ea,;tcru hauk of the said rinr. alo11g the

watP1''s edgP. to the shallow Ford, where the prt\sent honnclnry line

hPtwcPn tlw state of Ucorgia and the Crelk nation touches the said ri rer:

1~t'lll.'id,d. !wtr< tr~, That, if the said I inc !'hould strike the Chatahooehe l'roYiso.

rirer. below the CrePk Yillagc Buzznnl-Hoo,;t, there shnll he a set-oil'

111ade, so as to lcanl the said dllagc one mile within the Crcck uation;

t'Xt'epting and 1'1'.~<'1'\'ing to thq CrePk uation the title nne! po,;session,

in the 111:rnrwr ami for111 spt>('iliPd, to all the land hereafter excepted,

\'iz: orw thou,;and acn~:-;. to he laid otl' inn square. so as to irwlndo tire

Indian ::-;pring in the centre thenof: a,;, also, six hundred and forty

ael'ts on I hP \\'l'."l<!l'n hank of the Oakmulgee rinr, 'io as to ineludl' the

impnnermuts at pre,;ent in the possession of the Jndian Chid General

:\I' Jntoslr.

At:T. ~- lt is herein htlc nud posse;,;s10. 11 of,

:;titmlatcd, hr the follow m, g

the contract.irw parties that the

tracts of

land"' slrall

co' ntu. rue

. 111

Tit
lrurt enk

Ittmnolifohne,"11_"1Irtnutnih~n~:

the Crl'ek nation :-;o long as thP pte,;ent oecupants shall l'l'l11:tin in tim :'::..Ii.'\:;~:eupunts re

personal po,;:-;cssion thereof. riz: one mile sqnare, each, to include, as '

A-4

'l'HEA'l'Y WITH THl<' CHEEKS, IH~l.

nnar as may lH~, in tlw <entn~ thereof, tlw . itnpror~>mcnt.,;; of Midwy

Barnaqi, .Jmnm; Barnard, Buckey Barnard, Cus,.;nna Barnard, and

l<~f:llll'tllat.hlaw, on tlw ea:;t sidn of Flint. river; which rcsf\1'\'ations shall

eonst.ilutn :t part. of tlw ePssion tu:Hh by t.hP lirst. :.~rtiele, so soon as

. . tlwy shall l1t> abandoned hy the pn'sPnt oe<up:ints.

1 .,',\;;.;{~1;,;',.~,;~.~,;:;.' ,\ItT. :~. 1t. is hen.b.' stipulatPd, by the l'ontr:wt.ing parl.i<s, that, so long as t.hn United St.'l.tns continue t.he Cn'ek agene.r at its present.

situation 011 Flint rin~r, tho bnd included within tlw follo\\'ing bound-

ary, Yiz: lwginning on the east hank of Flint rin~r, at th e month of

IIH' Boggy Branch. a11d running out., at right. angks, from the rinr,

onn mile and a half; thence up, aml parallel with, tlw ri,e r, three

mill's: t.hetlt'l'. parallel with the first litH', to the river; and thence,

down the riv~>r, to tlw plaee of beginning; shall be resrJTcd to tl1e

Cre4~k 1mtion for tlw use of the United ~tates' ageney, and shall con-

stit.ut.n a part. of thn enRsion made by the first article. whPnevcr the

agenc \ ,.;hall bt~ rl'nJored. .,.,,l1'.u,;l1l.lll'lll (nr lund' A HT. '1 1t ts ]H'J'(' 1'.\' stq' m Ja tl'u.J am{ agTPe<1, on t ]H~ part o f' t I1e (' lll'tPtl
~tat.es, as a <om:idemtion for tlw land ePII<'d hy t lw Creek nation hy the

tir,..:t, a !'licit', t.hn.t. t.lwre shall 1m p:tid to t.he Crt'ek nation. hy the {Tnited

~t.ates, t.Pn thousand dollars in hand, t.he rrePipt whenof is hPrehy

:wknow kdgod : fort..,. thousand dollar,..: as soon a.-; praeticahln after the

mtitieat.ion of t.his con\'ent.ion; lin~ t.hon>'and dollars, :uwualh, for two ,YP:trs thereaft<'r; sixtPI'n thousand dollars, annually, for ~\e Y'ars

tlw.teafter; and ten thousand dollars, annually, for six years thereafter;

making, in tlw whoh', folll'teen payments in fourteen sncl'essin' yrars,

without interest, in money or goods and implements of hushandr, , at

the option of the Creek nation, seasonably signified, from time to time,

. .

through the agent of the U nitcd States res iding with ::;aid nation, to the

loUthl<lttl"d'"H"'aotfe1>;I,O..,,]"'f';l;\,' }_)epa rtntent o f \uv ar. A.nd, as a f Ut'tlter eons I'd.era t'1011 f or Sill'(! cess 'JOn,

C'"':''k'~~~\'"''''1 11 eu;-thc fcc ,utlml.

the UnitPd States do hereby agree to pay to the state me1 ImIa nee 111ay bc f.ound. d ue )'." t.he (_,' ree k nat10n

of to

Ueorgia whatt I10 ctttzcns of.

said statf'. whenever the same shall he ascertaitwd, in conformitY with the l'nfCrCIICC made by the I~Ollllllissioncrs of (Teorgia, and the chiefs,

head men. and warriors, of the Creek nation, to be paid in ti\'e annual

instalnwnts without interest, provided the same Hhall not exceed the

sum of two hundred and fiftv thousand dollars; the commissioners of (ieotgia ex~>euting to the Creek nation a full and final relinquishm e nt

of all the claims of the eitizens of G<'orgia against. the Creek nation,

for prop('t'ty taken or destroyed prior to the act of Congress of one

thou,.;and eight hundr<'d and two, regulnting the intercourse with the

Indian t.ri tws.



,.,;:;~.~ ~~~>1,';~,': 111 1., t'.:: ART. 5. The President. of the United StatPs shall c:wsP the line to

f 1111 ct<- .

he run from tlw lwnd of Flint rin~ r to the Chatalwoehc rin>.r, and the

I'('Henat.ions madn to the Creek nation t.o bn laid otl', in the mamut

speeiliNl in tlw iirst, ,..:pcond, and third, art.iclPs of this tt'Pat.y. at such

t.inw and in stwh mnmwr a,; he may dPt'ltl proJWI'. gi,ing timely notice

to tlw ( :rPnk nation: and t.his ( ;on\<nt.ion ,;hall he obligatory on the

I'Ont.nefing part.iPs, a,.; soon :ts thl' s:uno shall ha,e heen ratitied by thP

gmptnnt'nt of the l l nit<'d ~tat.t's.

!lotH' at tlw Indian ~pring. this l'ighth day of .JalltHll')', A. D.

t'ig-hlttn hundrPd and hn'nty-ont'.

ll. :\1. FonH y ,

[1.. >'.)

D. J\l.f'ri 1\'!'lll!'r,

[ r. "' J

\\'m. llldnto"'h,

[1.. ~ . .J

Tu~t.unnttgt't' llopnit', his x mark, [1.. ~.J

Efan Emanthlau, his x mark , [r.. >'.)

Ilolottghlau, or Col. Bhtf', hi~ x

mark,

[1.. s.J

Ctt"'~!'! :m ~li<To, hi" x rnark,

[1.. s. )

i'oh'fllll llattjo, hi~ x rnark.

[t.. s . )

J Etmnrne TnHt.ttnuttgge<', hi~ x urark, [1.. H.

Ta>'kR!!I'P Emnnthlnu, hi" x mark, [r.. ~.)

Tttcklt' Ltt ~ lte, hi~ x mark,

[1.. ~.]

Tnckh' Ln"ICP llanjn, his x rnark, [r .. >'.]
Cnnl'ptt Ennltlthlatt, hi~ x mark, [1.. s.J

IIPthll:' pnit, his x mark,

[1.. s.]

Tn,k eenah etJ!' ki , hi' x mark,

[r.. >'.]

Ch~nghll:' l\[i cco, hi~:'\ rnark,

[r.. 1<.)

I~famn' Tu~tunnnggee Banjo, lri~

x mark ,



[r.. s. J

Wau Thluceo Hanjo, hi' x r11ark, [r.. ~.J

A-5

TREATY WITH 'l'HE CRREKS, 1821.

ltC'ImHaujo, his x mark,

(1.. ~<.)

.\ lallt'tuaTu~tllllllll~f.(ee, his x tnark, [ 1.. t<.]

llnlonf,!hlau Tu~tunullf.!f.!l'e, hiH x

Aunhmarukl,uck Yo. hola, hiH x mark,

~' 1..

Hs..])

O~eadlt,t>Tu8tmmuggee,hisxmark, L. ~<.]

lu pnst~ltet\ of--

1. "dntosh, I ht ,.i< I Ada111s,
Jlani<l ;-;,wnutu,
Cl)lliiHissiuuerM of Ueorgia. II. B. i\Iitd~tll, Al-(ent for I. A. William l\ll'riwether, ~ttntary lT. :-;,C.

ll oupauthlee Tustunnuggee, his x

mark,

[L. H.)

Nenehaumaughtoochie, hisx mark, [1.. s.)

Hene. lau Tixico, his x mark,

~" ~;,]

1'ul'ekeagh J-laujo, his x mark,

L. s.]

Jostph l\IarHhall,

L. s.)

William Cook, tlecretary C. G.
William Hambly, :-;). llawkin~,
Ueorgt' Lentt, Interpreters;

TREATY WITH THE CREEKS, 1821.

Article.~ ~~f rt(f'l'<'ement t!:1d err:d ,:nto, between tluJ undenrigned Oomrni.~" ~~8: 1~21_:_ _

f o,,n:onoe' 1e".1m~.!1.'f'/1'p?{otirn1wteedrf1fnzJentxh

e
~

Otmw1 'esrJaWl'(1l'

xotaf'tet!,tean.(~lt,trttretwoof,rlOll'le',.jo/8'.r,r

;ia, j(n rrnd
.1nrat1 .1~'lnz,

7 SIHI., m. 2, l1'nx2wJ.hmntion,

~lllr.

and lf'iuriorN, uf t!te (}Jeek 11ation '!f'lndan8.

WHEIU,AS, nt a t~onference opened and held at the Indian Spring, in

the Creek uation, the eitizens of Georgia, by the ufor~Said columis-

sioner:-. have repmsented that tlwy have elaims to a large amount against

the sai-t Cl'(lCk nation of I ndiuns: Now, in ordCL' to adjust aud bring

the ~Sttlllc ton spePdy and final :-;ettlcmont, it is hereby ngTeed l1y the

afore:-;aid connni:-;sioners, and the ehiefs, head men, and warriors, of tlw

said uation, that all tlw talks had upon the subject of these claims at

this plai'O, togPihcr with. a II claims 011 eith<'r side, of whateycr nat.111'0 Ol' ,it~~n,i:.',!;:m~;/' 1..c~~!.!~r
kind. prior to the act of CongTess of one t:housnnd <'ight hundrt>d aud two, 'ion ni '" " l'resihnt. l'l'g'll Iat l.llg' t IW .Ill t lli'!'Olli'SC WI'tttl .tl W I IH 1IIIII t1'1'I>PS, WI'tll tllC t IOetlllWII tS 1'0'l.h.Ll.

i11 support of them, shall h( !'(~felTed to the de('bdon of the PI'l'sident

of the l' nit(d Statl's, hy him to he tb~ided upon, :uljusted, liquidated,

and sl'lthd, in sul'h mantw1, and undPr suth rules, regulations, and

rest l'iet ions, as he sha II p1escri he: I 'l'nlid,d, hmri'l't'l', iI' it should Jllel't l'roYi'"

I'" tlw \' iPws of the PrPsident of the lTuitld Stat('s, it is the wi,.,h of the
eout l'adiug paTti that the liquidation and settlement of the aforesaid

l'lai111s ,.,Jmll hp lll:ldt in tlw state of <itorgia, nt such pi:tCI\ ns he may

dt'l'lll tuo4 t'OII\'PIIiPnt. fo1 til(\ partil's inh'l'Psted, and tlw dt'eision and

:mnnl. I hus madn and rtndt'rl'd, shnll ht\ hinding nnd ohliatoJT upon

t hP l'ont r:uti ng part its,

"'

In witup:-;s wiHnof, we lmv1 hereunto set our haud:i nml seals, t.hi,.,

eighth day of .l:tnll:tl',\', one thous:llld eight hund1ed nnd 1\\'l'nty-o ne .

J. l\lelntosh, Da\'id :\d:uns,

fi-. s.] fL. s.]

IhniPI Newman,

[L. s.]

\\ illiam l\ld ntosh,

[L. s. J

Tustunnugg<'t' Hopoie, his x mark, IL s.j

Efau Emauthlau, his x mark,

[L. s.]

Present:

1>. l\1. Forney,

ll. :\lt ~ tiwPther.

A-6

J1111 . H, 1!!11.

DISCHARGE J<'OU ALL CLAIMS ON TH}~ CitEl~Kl-1.

\Vtn:JmAs a treaty or eonv1mtion has tlti:-; day lweu JIHH.le and Pntcred

.into, by and between the United t:\tate:; and the CrPPk nation, by the

}H'o\i:-;ionH of whieh the Uuited States have agt'Pe<l to pay. aud tlw

conuni:-;;;ion<rs of the state of Georgia have agreed to IHTPpt, fot and

on hnhalf of the eitizens of the state of UPorgia, hadng elaints again;;t

the Creek nation, prior .to the yPar one thousand Pight hundred and

two, the sum of two huitdred nnd Hfty thousan<l dollar:;:

, Con~mi"ioners or Now, know all men hy tlwse pre:-;cnts, that \\'P, thn nnd<>r.';igrwd,

!c.ntotr'kgnsLfrormelmlll"d' aitmhes <'Oillliii.SS iotters

o f.

t

1
1e

s t a' t e

o f

( 'Jllorg r' a,

f or, an< I '111

I'OnsH'I nrat.'wn

of'',

prior to NJ2.

the aforesaid sum of two hundtetl and fifty thon:,;and dollars , spcurNl

hy tho -;aid ttcat.y or eon\ention to be pai<f to tlw state of ( ;<'otgia. for

the disclmrge of all hona fidP and liquidated elaim:,;, whieh the citizens

of the said sbtte may est.ai,Jish against the Creek nation. do, h.\ the.-.:e presP11ts, r~lcas~, nxonemtl>, and discharge, the said Cn' Pk nation from all HIHl en~ry elaim and <laitw<, of whntnv<'t' <!Pseription. nature, or

kind, thn ;;a!IH' may be, whiehthc citizens of ( iPorgia now han', or rnay

Ita \'l' had, prior to the year orw thou;;and eight hundrPd n n<l two. agai11"'t

c\ni.n" !runslcrru<l tlw :-<ai<l nation. And we do hl'nhy assign, tran:-<fe r. and sd, 0\'\'1',

to lllltc<l StntPs.

unto

t

I
I

t

'

l' nr,tNI ~'tates,

f or t Iw

u:,;o atH.Jt

] wtw f'rt of

t Jw

sal< [ (.,' n,<I''

natwn.

for. t.lw eon:,;ideration here inbefore exprossed. all the right, titiP, and inten~;;t., of the citizens of tho Haid statl', toall elaim:-<, d e hts. d:unagt>H,

and prop<rt,y, of enll'y description and denmuirmtion, whie h tho citi-

ze ns of the said :-;tate have, or had, pl'ior to the year one tho u,.:and <>ight

bundn<l and two, as aforesaid, agains t the said CrePk nation.

In witJH)HS whe reof, wo have hereunto ntlixPcl our h:uul;; ant! seals,

at the Mineral Spring, in the said Creek nation, this eighth day of

.Tanuary, one thousand eight hundred and twenty-one.

.

.J. .1\Ielntosh, [L. ~.J
D:l\id .\darns, IL. ~'I
DaniPI Newman, [L s.J

Prm;eut:

D. 1\I. Forney, D. l\Ieriwctlrer,

D. ll. Mitchell, Agent for Indian Atfairs.

A-7

TREATY WITH THE CREEKS, 1825.

t"d>. l~. ]S~5. Art/cle8 (~l tt cm11.eJdion, entered -into ll'llll concl~tdcd at th, Indian

7 ~tut., :l:l7.

Spri.uq.Y, bettL'e,n lhrncan (;, Campbell, and .fm11 e.~ .J.1f(r/wefl,a, 01111-

PrcKlnmn t ion, l\lnr.
i . l~l .

miNNimulw ou t/1<' pa.rt (!f the Un/t,Jd 8trrt,!S ~f Alllt'l'i:m, d11h;autlwr-

.,;8ed, and tl"' 0/i.ief..~ of th.e Creek J1. (ttion, in Oounm? a8seml/ted.

l'r<umhl.,.

Wm;HEA~ the suid Commissioners, onthe part of the United StatPI',

have represented to the said Creek Nation that it is the policy and

munp~;t wish of the General Go,ernment, that the se\'eral Indian tribe:-:

within the limits of 1my of the st:ttPs of the Union should remove to

territory to he de~:~ignated on the west side of the Mississippi ri,er, a:-:

well fot the bett<r protection and ~:<ecurity of !'iaid tri hes, nn<l their

improvement in civilization, as for the purpoHe of enabling thr. lT nited

States, in this instance, to eomply with tho compact entered into with

the Stnte of Georgia, on the twenty-fourth day of April, in the yenr

one thou:o;and eight hundred and two: And the ~;aid Commissioner:-:

having laid the late Message of the President of the United Statcs.

upon thi:-> subject., before n General Council of said Creek Nation, to

the end that their removal might be effected upon terms advantag-eous

to both par.ties:

And where:ts the Chiefs of the Creek Towns have assented to thP

reasonableness of ~;aid proposition, and expressed a willing-ness to emi-

grate beyond the l\1 ississippi, t!uJ.YI! (if Tokllubatch,e '';r<'!phd:

These prm;ents thc~refore witness. that the contracting parties han

this dn.r entered into the follmving Convention:

<:<"ion hy the Awr. 1. The Creek nation cede to tlH' United StntPs nll the lnnd:-:

crk.

lying within the houndnriPs of the State of Georgia, as defined hy th<'

compac-t. hen\inhdow cited, now oecnpicd hy snid Nation. m to whil'h

snid Nation lmvP t.itle or dnim; nnd also, nil other lancb which tht\ now Ol'l'lll'." m to which t.lwy han. t.itlc or elaim. lying nol'th and WP~t

of tt litH t.o he run from Uw lit:.;t prineipal fulls 11~1on the t'lmtauhooehie

rint', ah0\'1\ ('ow\'tan to)\n, to Oduskcc\ Old 'lown. upon thP Talla-

poosa. thPnct' to thl' falls of the Goosuw river, at or ncar a place calltd

the llickol'\' Oronnd.

l'nrth<r ll!-(f\' <' llll' ll(
it.nc ~tWp(n' tr'ltlicth.t.<nntrmt-

t

A I! ho l ,

T. i. nt. hd

it b~ t

is at

l

furtlwr 's wtll g

agTeed

tn.

111

e

hpt\ncn th xchungc fot

e t

contraetin(l' he lands he,.n..,

~

l)llrties l1y lwqu'

t.

that nd.

the like quantity, ane for aere, westward of the Missis"'il'f'i. on til<'

A rkn11:-:as l'in.,r. eonllllenl'ing at the mouth of the Can:H ian Fori'

tlt('I'Pof, and runnin}.r westward hct.wcPn ~>aid rivers Arkansas and Cana-

dian Fork, for qunntit.y. But whereas said Creek Nation han eon:-:id -

ernhle impro,ements within the limits of the territor.' lunl1.\- el'd<d.

A-8

'l'REATY WITH THE CRJ<:EKS, 1821i.

aud will IIIOrPo\er havP to incur expeu~;es in their removal, it is further ~tipulatt>cL that, for the purpose of n~ndering It fair equivalent for the lo,..,..p..; and ineonrPnieucPs which said Nation will sust~1in hy remoYal,

aml to en:i.ble thrm to obtain supplies in their uew settlement, the

I" uitPd States agree to pay to the Nation emigrating from the laud:;

lul'liu cPdPd, thP sum of four hundred thousand dollars, of whkh

auwuut thtL'P shall lw paitl to said part.y of the :-;ecoud part, as soon as

pradicahlt after the ratification of this treaty, tlw 1'\Lnn of two hunchwl

thon,..and dollars. And ns soou as the said party of the second part

,..flail notif\ the Uovcrnnwnt of the Uuihd States of their readiness to

t'olnmeucl'. tlwir nmoyal, tlwre shall be paid the furthPr slltn of one

lu11Hin~d thotl:-\1\11(1 dollars. And the tirst year after said emigrating

party shall h:we settled in their new country, they shall receive of the

an1ount tirst above named, the further :;um of twenty-five t,hous.'tnd

dollars. And the seconcl year, the :;um of twenty-rive thousand dol-

lar:-;. And annually, tht~rt-after, the sum of five thotNtnd dollars, until

till' whole is paid.

o

f

.

\
t

IH11T1'1.

X. \-

tJ

Awuu~t:luwu1l~wc1roeJal as

tl rs

wCitCeJr1e, Ielkl

cNonast1i<olne

rInU'ttw~ nnoowf

entit.letl to ees:,.~wns o f

atenrnru1.ittoireys

I"JAilullnlhuit<i.hel>'id~rl....

1...

luntof;,,.e madt', it is ftllthtt st.ipt,lla.t.td that.snid last mentimwd annui-

tits are to he herPilflet di\'itkd in a just proportion between the party

e111igmtiug and those that may 1'\'llmiu.

t

i.t':s\HoTf..

4. the

It. is further seeond part,

stil)ttlated that a deputntio may be sent out to explore

n t

from he ter

nth. teo

rsyaihdepretum.-

~rerrit'!rr p~luodn~lL.ndetlul'n.~

toolfwfcnt'Xl

otl'trl'd them in exehange; and if the same he not acceptable to them,

thtn they IIH.L}' select nny other territory, west of the 1\lissi:ssippi, on l{pd, Canadian, Arkansas, ot Missouri Hin~rs ---the territory occupied
t.,,. the Cherokets and ChodJlw:; excepted; aud if the territory so to he

"'tlccted shall be in the occupancy of other lndinn tribes, then the

("nittd States will extinguish the title of such oecupants for the benefit

of said emigrant~.

\ RT. 5. It is further sti}JUlated at the particular request of the said Payment of the tll'l't

.

.

partH'S of

the second

part,

'

.

that the payment and dtshursement of

the

scuommmit~o<bieomncursd.c

b,~


the

lir--t sum herein prodded for, shall he made hy the pre:;ent Comrnis-

.;iom'rs negotiating this treaty.

. \HT. H. It i..; further stipulated, that the payment-: appointed to be Otherpaymcnt.

1na1le, the tir:;t and second year:;, afte1 settlemnnt in the \Vest, shall be

l'ither iu IIIOJH')', merehandi.;e, or }H'O\'isious, nt the option of the Pllli-

gTating party.

.

.

. \J:T. 7. The Ouited States ag'l't>t~ to provide and support a black- m~:.'i~v 1 j!~~n tl,':il~:,'j

"'111ith and wht(hHig-ht for the said party of the SI'Ctmd part, :md give Stull's.

tht'lll iustnwtion in agTieulture, as long, and in such llllliiiH'l'. ns the.

l'n,.;idPnt may think pmper.



.

c\HT. K Whereas t.lw said Plllig-ruting party CtUliiOt prepare fol' im- ti:;~~r"i11,?.'l'r.:.:.,"\1,Y:

mediate nmo\al, the l 'nited States ~tipulate, for their })l'otection ct<'.

agaiust the inctoaehrneuts, hostilit.ie:-:, and impositions, of t 1e white:,;,

aud of all otiiPrs; hut the period of relllO\'al sh:tllnot l'Xtend heyond the

ti r,.;t day of ~cptPmher. in the _YP:u PightePn hund nd and t.wcnt.y-six.

.\ItT. ~1. This trmtty "'hall he obligatory on the contmdillg' parties, When totulwcffe<l.

.'o ,.;otn as lhP :-;ame ,..hall ht mtiliPd hr tho Pn.ddP.nt of tlw {'niterl
:-ilalt'"' 1,,. and with till' ~ ~onspnt. of tlw Ht'llltte tlH'nof.
In IP"'tln1onr wlunof, thu eon1111issimut.~ aforpsaid. and the l'hief,: und htad llltn of the ( ~rtl'k nation, hanl IH'r<'unto sl't. thtir hands anrl

"'''"' thi,.. Iwt>lfth da, of 1\hruan, in tlw \'I'll!' of our Lord oue

I holl"':llld

Pi <ill. .~

1111ntln;d

and

twtnt.r -'ti rl'.



(lou wall ( ; , l':uuphdl. .fait"'' ~hriw<'lillt ,

( 1.. "1
( 1.. s.)

Cotunti~:..:iont>t'S on tht part.

oft ht I; nitetl :-;raft'".

\\'iII imu :\ld nto~h, head t'loief of

'~.. ,,ttau!",

[ 1 s.]

Ehllllllh'C Tn:4nnnnggtt. uf Cow-

tau, hiM x Juark.

[1.. s.]

llolahtau, or('ol. Bhlt', hi" Xlllark, [L .s.)

( 'owl'lau Tustumm~~l't', hi~ x wark, [ 1.. s. )

Artus 1\Iieo, or Hohv ~lduto~h,

hi:~ x mark,



(1.. ~.J

A-9

TREATY WITH THE CRJ<;EKS, 1825.

ChiJly 1\Iclntoah,
x .Joseph l\Ial'!ilha11,
:\thlan Hajo, his mark, TnskPnahah, hi~:~ x mark, Benjamin l\lar~ha11,

[L. f:l.)
s.l [L. s.)
[1 .. [L. H. [L. s.

CoeellR llajo, hiK x murk,

[L. s.

FoT!'halqlll 1\1 ko, his x mark, [ L. s.)

0Pth lamata TnHtnnnn~get>, hiK x

mark, Talla~ee Hajo, his x mark;

[r.. s.) [ 1.. s.]

Tnskl'l!'t'e Tnstunnnggte, his x

matk,

[L. H. ~

Fol!hajtPTnstnnnnggt>P, hiHxmark,[L. s.

l:man Chnceoloc.ana, his x mark, (L. ~

Al.'.~'''o T~I~ht~nnJ!gPt', hi~ x mark, (1.. ")

lltJO IlaJo, h1R x mark,

[t,. s.)

Thla Tho Hajo, his x mark,

[1.. ~. l

Tomieo Hohwto, his x mark,

[ L. s.

Yah Te Ko llajo, hiH x mark,

[1,. H.

No coAt.e Em:tutla, hiH x mark, (L. 11.

Cnl. Wm. Mi11er, ThiPI'atdwa, hi,;

x mark,

( 1.. "')

Ah<t'o Tu~o~tunnug~l'<', hit< x.u111rk, ["- 11.]

s.l lJoP1hl'poga Tn~t.nnnn!,!gee, his x .

mark, HPpneoket>

Enumtla,

hi~< . x

mark,

( J,. [I.,. K

Samtwll\liller, his x mark,

[r,. R.

Tomoe 1\lico, hi8 x mark,

[ r.. !'.

Charl1s 1\Iiller, his x mark,

(1.. ::<.

Tallal"te Hoja, or .John Carr, his

x mark,.

[L. ~o~.)

Otnlga Emantla, hiH x mark,

[L. s.)

Ahalaco Yoholo of Cusetau, hiM x

mark,

[J,. H.]

Walucco Hajo, of New Yauco, his

x mark,

[ J,. s.)

Cohansee Ematla, of New Yanco,

hiM x mark,

[ 1.. ~.J

Nineoman Tochee, of New Yani'O,

his x mark,

[ 1.. s)

Konope Emantla, Sa111l Town, hi~

x tuark,

[t.. "]

Chawac11la )lim, l"mHl Tow11. hi~

x mark,

[ L. ~.]

Fodalu~IIP I:maulta, Sand Town,

hi;: x mnrk,

(1.. ~ . J

,Josiah Gray, from llitchat.t<, hill

x mark,

[ 1.. s.]

William Knnnar<l, from Jlitehalle,

his x mark,

[ 1,. "]

NehaThln!'tollatkeP, front Hitch-

atl'E\ hi~ x mark,

[1.. ><.]

Halathla Fixico, from Big f:;hoal,

his x mark,

( L . ~< . ]

Alex; La~ley, . from Talledell'a, hi~

x mark,

[1.. ~.J

E~Jw>koke Hajo, from Talledlga,

hi~ x marlt,

[ 1.. ~-]

Emnnt h Ia Ilajo, from Tallt<lega,

hi~ x mark,

[ 1.. ><.]

Nirwomataehee, from T:tlll'dega,

hi,; x mark,

[ 1.. s).

Chuhah Hajo, from Talledt>gn, hi><

x mark,

[ 1.. ~.]

Etie .Ernatla, from Talledl'bra, hi~

x mark,

-

[r.. ~;.)

Atausee llopoie, from Talle<lP~a.

hiR x mark,

[ 1.. ~.]

James .Fife, from Talledega, hiR x

mark,

[ 1.: ")

Executed on the day as above written, in presence of-
,John Crowell, agent for lndhn affa.irs,
Wm. F. Hny, secretary, Wm. Meriwether, Wm. Hambly, United States interpreter.

Jul_y 2ft, 1R2f,.

Whereas, hy a stipulation in thl\ Treaty of the lmlian Spring,;;, in

18~1, there was a re~;m,e of land made to include the snid Indian

~pringl'l for the use of General 'Yillinm M'Jnto"'h, be it therefore known

to all whom it may eoneNn , that we, Hte undersigned <'hiefs and hcnd

men of the Creek nation, do lwr<~hy ngr<>e to relinquish nil the rig-ht.

title, ntid eontrol of the Cr(ek nation to the Haid reJo;etn, uuto him tlw

:<nid \Villinm M'lntosh and his heirs, forever, in a~ full and ample a

manner llS WC lll'e authorized to do.

Big B. \Y. Warl'ior. Yoholo 1\Iicco. his xmark.
Little Prince, hiJo; x marl.:, .
Hopoie Hadjo, his x mnrk.
Tn~k!.'henahnn. hi:-: x mnrk,

r~.. s. J
[L. s.J [r.. sJ LL. s.f
fL. s.j

Oak<'fn~ka Y ohola, his x mark,

[1.. s.j

.John Crowell, agent for Indian affairs. [r.. l':.j

.July 25, l.S~5.

Fth. II . 1~:!.-,, A<l<litionnl nrlhl<.

WhNeas the fo1egoing articles of cmw<>ntion hnn~ be<>n concluded
hetwPPn the parti.-s thereto: And. wlwreas, the India.n Chief, Gen<>ral "'illinm l\lelntosh, elaims title to tlw lndinn ~pring Resermtion (upon
which there nre very extensi,e buildings and improvements) by virtue

A-10

of :L relinqnishnwnt to said Mcintosh, signed in full council of the nation: And, whereas th e said General William l\fclnto!';h lmth claim to nnothe rreservation of land on the Ocmulgce river, nnd hy his lessee

and tenant, is in possession thereof:

Now these presents further witness, thnt the said General William Jld ntosh, and also the Chiefs of the Creek Nation, in cotmeil ns><elll-

hled , do quit claim, l'On\'1\)', and cede to the U nit.ed States, the reserva-

tions aforesaid, for, and in l'Onsidcration of, the sum of twenty-five

thousand dollars, to lH\ paid at the t.imn and in the matmcr as stipulated,
for the first instalment provided fot' in the pneeding treaty. Upon the ratification of th1s~l nrt iciPs, the posse~sion of :;aid reservnt~ons shaII he considered as passmg to thn lJ mt.ed States, and t.he acct'Umg rents

of the present yeat shall pas,.; also.

In testimony whereof, the sn.id commiss ioners, on the part of the

United States, all() the ,.;aid 'Villinm Mcintosh, and the chiefs of

the Creek nation, have hereunto set their hnnds and seals, at the] ndian

Springs, this fourteenth day of Fehmnry, in the year of our Lord one

tbou:-and eight hundred and twenty-five.

Duncttn G. Campbell, .James Meriwether,

[I-. s.]
[L. s.J

United Stntes commissioners.

William Meintosh,

rL. s.]

r Eetouunee Tustunnuggee, his x mark, [1.. s.]
Tuskegoh Tustunuuggee, his X mark, L. s.)
Cowetan Tustunnuggee, his x mark, fL. s.]

Col. Wm. l\liller, hi:-~ x mark,

[L. s.]

.Josiah Gray, his x mark,

.

[1.. s.]

.Nehathh11eo Hatchee, his x mtuk,

fL. s.J

Alexander Lasl~y, his x murk,

[L. s.]

\Villiam Cnmud, hi:-~ x mark,

[L. s.]

\Vitne:-~ses at exPeution: Wm. F. Hay, secretary,
Wm. Hiuubly, {Tnitcd States interpreter.

A-ll

TREATY WITH THE CREEKS, 1826.

Jan. 2 '~1~~:_- . Articl1w r~f a treatynl(tr/,, at tlw City rif lJ(u.:hirlgton, thi8 twenty:frmrth

7 stat., 2sr.: 2'2,l'1r8o2e6l.amat10n, Apr.

f' d11y r~f Jrwllm'!J, 0111>. tholt.wwrl "ir;ld lumrlred and lil'l'ldiJ-8;;,, IJ,.fil'l'ol

TJ' t . // ,11(/1/11'~ /H' //'IJ1fll/'1', n~'!'CI'i'f111'fJ I!

OJ', 1f1lf'l'C II 8jh.'Ciil ,1/ 1(11t,/l101'1:'.'tf1 1IJfj t.fl/13

J>re.~irkflt '!f tlu'- United ,'-,'trrte8, rtl/(l the unrlNwiqnr!rl, (:hJ,f~ onrl

1lcrul .J1f,n 'if tlw Or,,ek Nntion r!f' !ndirtn.~, wh.o !lfne rerei1ed f111/

poWt!l' ,timn tlu1 .wtid Nat/on to conclude and arranye all tlw matten

/wre1:n prom'ded.f;n.

Preamble.

"\Y lltm~<:AR a trmty W!tR concluded at. the Indian Springs, on the
twnl ft.h da v of Fe hrwu.r last, between Commi:-<:;ioner,.; on the part of the lJ nit('(i Htates, and a portion of tlw Creek Nation, hy which an extensin\ distri<'t of country was et'<kd to the l'nitnrl ~tates.
And wlwreas a gTmt lllaj(llity of tlw Chiefs and "'al'l'iors of tlw said Nation ha \'1~ pi'OtPsted against the execution of the said Treaty, and lmn\ reprc:;entPd that tho ~;allw was ~ig11ed on their part. hy ptrsons hal'ing no ~utlitipnt authority to form treatit>s, or to make C'Pssion,.;,
and that the stipulations in the said Tn'nt,r are, t.hf'refon', "holly ,oicl. And wherf'a~ the UnitPd Stntt's are unwilling that tlifiieulties siHntld
exist in tho ~aid Nation, which mar erentuallv lead to an intf'stine
war, and are :-;till more unwilling thi1t IL!l)' ecssi(ms of land should be
made to them, unless with the f:iir undPrstanding nnd full assent of the Tribe making stlt'h ce~sion, awl for a just and adPquatc considPra-
tion, it !wing the policy of the U nit<>d States, in all their intercom,;p
with the Indians, to trPat them justly and liberally, as becomes the
relaUn' situation of tiH' parties.
1\ow, tlwrt>fort\ in order to remo\e the ditliculties which hare thu:-: arisen, to satisfy the great body of the Creek Nation, and to rcconeilc

'l'IU:A'I'Y WITH 'l'IH: OREEK!:!, 11'!20.

the eontf'nding parties into whieh it is unhappily divided, the following
arti<Jp..; lut\'ll hPPn agTeml upon and condudnd, hetwenn .James Barhour, ~~ ~<rdary of \Var, specially authorized as nfol'e,-,uid, and the said
Chiefs and Head :\len representing the Cteek Nation of Indians:

AHTICLE 1.

The Treatu

.,

f .J

concluded

at ,

th('~ Jnclinn

SJ) rinO~".s_ '

on

the
,

twelfth

day -

of

or SprT1~nge:n-t~ydeclaIrned<luinunll

I ehrunry, one thousand crght hundred and twenty-five, between Com- nn<l voirl.

nlh,,;ioner,.; ont.hc part of thB lJnitPd States and t.l1e said CmPk Nation

of Indians, and ratitied by t.ho United Stntes on the scvPnth day of

:\Jareh, on<; thou,;and Pight hnnd1cd and twenty-five, is he1ehy deelared

to he null and \'oid, to e\cry int<nt aud purpose whatsoever; aud every

right and elaim arising from the same is hereby cancelled and sur-

rcmlcred.

AltTIULJ<: ~-

The Creek Nation of 1ndians cede to the lT nit.ed Stl~t.es nil the land u~~~Ss[~~ 1" the

h('long-ing to the ,;tti<l Nation in the State of Oeorg-ia, and lying on the



Cll.'lt ,;idll of the middle of tlw Chatalwoehio l'ivPr. And, also, anot.lwt

tl'lt< 'l of land lying within tlw l':tid ~tat<\ a1Hl hou1HIPd as follow:;:

Be:.:'inning- at a point on t.lw WPst .orn hnnk of t.he :-mid l'i\'\'1', fol't .y-seven

mihs lu~low thl' point. wht>n~ t.he houndary line lll\lWt-en t.hn Cttwk:-~ and

Chetoktl's >-tl'ikt,.; the Chat.nlwoehie t'i\'m, 1wat' the Buzz:ud's l~oo..;t.,

lll('a,;uring the said diHt:llle<l in a dit'Pd lilw, and not following tho

meanders of the l'ai<lrin~r; and hom t.IHl point of hoginniug-, running

in a dirPd lint~ to a point. in t.he boundary linl', betwenn the said Creeks

and the CheroiH'PH, thirty miles we,;t of the :-~aid Buzzttrd's Hoost;

thPIH'Il to the Buzzard's Hom;t, and thence with the middle of the said
l'in t' to the place or beginning.

A HTIOLFJ 3.

lmnwdiatelyafter the ratification of thir-; Trnaty, the United States ttPaymenttosai<lnnagTte to pay to the Chiefs of the &lid Nnt.ion the sum of two hunchecl on. and :-wn~ntPen thou;;and :-;ix humhwl dollats to he divided among the
Uhhfs and "Tarriors of the :-mid Nation.

A lt1'IGL1<~ 4.

The United States ngree to pay to the said Nation an additional per- Pcrpetunlnnnuity.
petualtuinuity of. t.wenty thousand doll:us.

r1. ,\ HTH '1.1:
Tlw d iflic.ul tie:-;wh i<'h havo ttrisen in t.ho :-~n.id nation, in commq uencc ntntcultl to he n<l
0 f t IIC 'I.' l'P:tty 0 f'. t IHl I II<1IIlii . .~~pt'lllg'S, SIHt II IH'. atnll.'JI.I)I,Y tUIJ'UStP d, 1111d Jus.~<.<~' etc.
tlmt. pott ion of t lw Cnt~k Nation who sig-nPd th:\t tn~aty :shall he
ndlllittPd to all th,~it pri\'ileg'l'>', us lllt'lllbPrs of the Ctcd.: Nation, it
luing- the l':trnest wish of tlw I 1nitl'<l ~htles, wit.hout undertaking to dcddt) upon the com\>laints of tho te,;peetivc pnrtic:-;, that all causes of uissatisfactioll shou It he J'(llJI0\'('(1.

ArrriGLF~ 6.

That pot'tion of the Creek Nation, known us the friends all(l follow- an~ig,~pu~\~~ 1011 ~':,~~;

l'l'>' of tlu late U:eneml \ViJliam l\fe!Hto,.;h, ha\'illg' intimate<} to the
g-onrnnwnt o f t Jtc lJ n1te<J ~tatPs t.1H~ll' \\'Is J1 to nmove \\'C~'t Ottt he HII'.{t' s-

<'u.untrr \~<st o[ M U<>d,.tppl , cl<.

the

:-;i:,;sippi, it is hPt'Phy ngteml, 1\'ith thPir n:;sent, that u deputation of

liv" por,..oll!-1 ~<lmll he sPilt hy them, at the expellbC of the United Htates,

iulllH!diutdy after the ratification of this treaty, to examine the Indian

A-12

A-13

'I'IU;ATY WITH TJ[}<; CREEKH, 1H20.

country west of thn .l\1 isHissi{'pi, not within either of the HtatPs or Tmritories, and not, posses:,;cd >.Y the Choetaws or Cherohes. And the United States agree to pu1ehnse for them, if the same e:ut he conrPn icntly done upon reasonable t.Prms, ,vfHnrm they may sehd, a tountry,
wh?sn extent Hindi, in !!te opinion of Uu.\ l'rPsident, he pro,Jor_ti'!'ll'd to thctr nttmhers. And tf Slll'h purehas1' <"llllltot 1>1\ tints llllll P . 1t 1s tlwn agn'Pd that, tlw r<cllet.ion r<hall lHl m:ulll whPrP thll Prl'sid1nt 111ay tit ink proper, just reference being had to tlw wishes of t.bc l'llligmt,ing party.

Anncr.g 7.

F.mi,:;rnling l?"rty The emigrat.ing part\ shall rem0\'1\ within t\\ ent\-four months, and ttuwenrtcym-loou\'rc mWonltthhsm, t Iw expense o f t IlCI.I' rc.n. Hna I sIta II IH\ cIP'frayec\ l I)' t he ll. lll.tP< l .'-~' tate.s.

tc.

And Rnch suh.sistnnee shall also he furni.siH'd th<'m, for a tPnn not

exeeediug twelve months after their anival at their new residnnce, nt-~,

in the opinion of the Pn~sident, their numbers and eirentw;tam~<'H may

require.

AnTwt.E s.

A11 H,I..:'Ptlt, <If:., t.o hP An agPnt., nt s11h-agC\ntnnd Int.nt')>I'PtPr, .shall hn appointc'd to nttom-

u ppoint(fl . In
with tlu.m.

n ~ld1~

pany and t'PHidn with tlwtll.

And a hlal'ksmitlt atul whl't>lwright, shall

hP furnislu~d br tlw United ~tall~<. ~1wh assistance slwll al...;o "" rcn-

dcrl.d to t.lwm 'in their agricultural opl\l'atious, as the Prcsidt'nt umy

think proper.

AnTICLE !1.

!'resent.' to Indian,, In consideration of the exertions w;ed 11\ the friends and followers of General :Mcintosh to proeure a cession' at. the Indian Hprings, and of their past diffkult.ie:-; and <"ont.etli]Jiated removal, the Cnited Htatcs. agree to prc:-;ent to the Chiefs of the party, to he di,ichd :u11ong th(\ Cltiefs and warriors, the sum of mwhundrcd thousand dollat',-, if sul'h party shall amount to three thousand pmsous, and in that proportion for anv smaller nmnher. Fifteen thowmnd dollars of this Slllll to he paid illunediately after the mtifieation of thi:s treaty, and the residue upon their arrival in the country west of the .Mississippi.

AnTICLE 10.

Ccrtnin rlamnges to be ascertained, etc.

It ii' hy tho

agreed by the Creek Nation, that an l'n~sident, to nseertain tlw damages

agent shall lw appointed .sustained hy the ftiend!'

and followpr;; of t.hn late General lVIclnto;;h, in const>quetH'O of the

dilliculti<'s growing out. of t.he Treaty of t.IH' Indian ~prin_!,!'.s. a.s set

fort.h in nn agTI'I'IIIPnt: !\n(I'I'Pd into with UI'IIPral (;nins, at tl11~ Bmkm1

Arrow," nnd whieh lm\'(\ hPI'll done contran to the laws of t hn CrePk

Nntion: nnd sH<h dan urges shall ho r<' pain(f by the .said Nation, or the

amount paid out of the annuity due to them.

Anncu: ll.

vnrl.uncmmltnipsriomvtP<mrcsntHtn.

All t.lw. iiiiJH'O\'CIII<'tltS whieh

.
hen'tn

cl'd(\d

1ltall

hn

.
apptatsl'd

add hy

~!'Pal

Yalne
. .

Commis.ston

to er.

a s,

ny to

lJal't of til<' land

ht>

.
appotnt<'d

hy

the PrP;;ident; and the :u11ount thus aseertained shall he paid to the

parties owning sueh improvements.

ARTICLJ; 12.

Po~qpro~sion of country ceded.

PossPI'lsion of the country herein eeded shall he yielded hy the Creeks

on or hefore the first da_v of .January next.

nThi~ agn't'.llll'nt, which i~ uuratitied, iH ~et forth in the ,\ ppcndix , po~t , p. 10:!4. The ori;!inal ('all not he fonnrl, IJnt. a copy is among the files of the ludiau Ollice, General Files, Creek, ll\:!5-ll-126.-E. 1'. Gaines.

A-14

TREATY WITH THE CREEKS, 1826.

The United States ftgree to guarantee to the Creeks all t.hc country. 81~:~:~~~~~t~ehyUnlh"1 not lwrein eeded, to which they have a just elftim, and to make good to thPm any lo:>HCS they may incur in consequence of the illt~gal condul't of any citizen of the United ~tates within the Creek eonutry.

Tho

Pre:;ident

of

the

UnitPd

StatP:;

"hall

ha\'C

authority

to

select,

in

Authority Prt'sitlent.

of

the

sonw pnrt of the ( 'nck eonutry, a tnll't of land, 110t exl'ecding two

sPl'l ions, wlu~n~ the nt ~Cf'sHary puhlie hni !dings may be eroded, a11d the

petsons attaclwd to the agene,r may J"Pside.

A1n1cLE 15.
\\' hercn~r any stream, O\'er which it mny be necessary to estahlish cr~~~k~~ty gmuted the ferrit>s, forms the honnda ry of tlte Creek country, the Creek Jnd ians shall havt~ till\ right of fPrTiage from their own land, and the citizens of tlw United State:; from the land to whieh the Indian title is cxtingnislud.
Auncu: Hl.

The Cteek Chiefs pe. o ple, who shall hCl

nmy lll){)Oint three Commissioners from their own

allo wPd

to

attend

the

. I'Uillllllg"

of.

the

llltPS

w<st

of.

nttCcowml mthisesriounnenrms g the lincH.

otof

Uw Clmtahooehy ri\'er, and whose expense;;, while engaged in this

duty, shall he defrayed l}y the ll11itetl titatcs.

Am'JCLF: 17.

This treaty, after the same has been ratified by the President and w~~~~~;tftle~inding

St>nate, shall he obligatory on the U nitPd States and on the Creek



Nation.

I11 tPstimony whereof, the said .TanH's Barbour, Seeretary of 'Var, autlwrizPd as af<)J'(~said, and the chiefs of the said Creek nation of

Indians, han~ lwreunto set their hands, at the City of Wa~:-~hington, the

day and ytar aforesaid.

Janll'~ BarlHlllr,
0-puth-lt Yoholo, hi:-! x mark, .luhn :-;tidharn. hi~ x mark, !\lad \\"ulf, lri~ x rnark, 'ltrtawl'<', hi~ x rnark, Tu~k(t~ktP Tn:-ofllllllttg~tt, his' nutrk, Clrarlt~ t 'urnlb, his x mark,

Timpooehy Barnard, hiR x mark, A paul _,. Tu~tnniHJ).!get>, his x mark, ( \>t-.:--:a Tn~ttnntt~;.!Pt\ his x. rnark, l\:rhl'tltt llopit', hi~ x mark, t"p)u..tu, hi,; x 11rark,
Ltda::i, hi~ x mark, Yohoh' )li!,o, hi~ x mark.

I11 prPstJu,~ of -

Tho11ra~ L. :\1..!\:tlltHJ\",

LPwi~ (,a:--::-~,

..

.John ( 'ruwtll, :r;.rnt for l11dia11 Affair~,

llt~:wkiah 1\liller, .John Hid):(!', ~terl'tary Crt>ek delegation,
lla\"id Y:11111.

A-.15

HUPI'U~i\11<:1'\'l'AltY AwncLl~ TO nm Cm~ t-:K T1n:ATY <W TIIJo: 'fwl:NTY-
l'OUitTII ,JANUAHY, lS~Ii.

Mnr. 31, 1~2fi.

Wm~In~AS fl. ~<tipulation in the second att.icle of the Treaty of the

7 Htut., ~>su.

t.wenty-fourth day of .hutWLI')", 182(), lwtween the undersigned, parties to ~<aid Treaty, po,idt>s for the running of a line .. beginning at n

point on the WPstPI'Il bank of the <..:hatahooehce rh'er, forty-se\en

miles below till\ point whcl'O the boundary line between the Cn~t>k8 nnd Cluwoktws :->trikes tlm snid river, near the Bnr.~:ard's Roost, nuns-

Hl'ing the saitl dist:uwe in It dircet line. and not following the llll'lttHiers

of the saiclrinw, and fl'Omthe point of bej!inning. running in a din~ct line to n point. in t.h(l homulaty linn hdwNn the ~aid CrPl'k~< and the
Clwrokt'Ps, thirty mik~< WP~<t of the said Bur.zarcl\., H.oost, theme to

the Buzr.ard's Hoost., and thencc with tlw middle of said ii,et to the

phll'e of heginning." And wlwrnas it having hl'<~ ll n rnpscntPd to the

party to the said Tn~aty in behalf of the ( ~rel'k Nation, thnt a I'Prtain

extension of said lint's might, nmhr:L<'c in the ccsr;ion nil the lands whieh

will he found to lie within t.ho dHirttred limit..,; of Georg-ia, and whieh

t"nrlhcr ceion.

are OW'll'd hy the Creeks, the undersigned do lwrehy agTee to tlw following extension of saidlinPs, vir.: In .t.lw plaepof '' forty-~<e\'cnmihs,'' as ~<tipulatPd in t.hn second 1\.rticln of the Tnnty aforesaid. as t lw point
of hPginning, the under:-;ignecl agT!'n .that it, shall he .tUyllliiP~<, in a

direct rine hdow thll point desig-natPd in thl\ sPeond artiC"IP of said Treaty; thenee running in IL din~et line t.o a point in t.lu~ boundary linn betwe<'n the CnPkii and Chci'Okccs, .fin ty)h~~~ 'Ill iltw WP~<t of said Bur.

z:trd's Hoost, in the plal'c of "thirty mi Ins," as stipulated i11 said TrPaty; thence t.t> the Bur.r.n.td's Hoost, and thence to the plaee of IH ~ginning-

it being understood that thP>;o lin!'S arc to stop at. thPir intl'l'.'>l'd ion

with t.ho boundary line between Georgia all(! Alalmnm. whcnnr that may be, if that lino 1-dtall cro~s them in t.hc dindion nf tlw B11;~.t::ml's Uo;>St, at. !\ shortPl' di:->t:wee t.h:111 it, is }li'OVidPd tfwy ~<hall l'tlll; nne\
l1l'ovided, also, that if the said d i \'id i ng Iinn hl't wcPn <ftorgia and 1\ Ia.
liUilfl shall not. he n':ll'IHtl hy the <'Xt.Pn:->ion of t.he two lims aforP~<aicl, the one three, and the olh<r tifiPl'll mihs, tlu~ art' to run and IPrmi-

nate as ddined in this ~<11pplenH'lltal article to tlw TrPaty aforPsaid.
Puymcnt to Creek. It is herehy a~rNd, in <on~<idcmtion of thn cxtcnsion of said lines,

011 the part of the other party t.o the Treaty aforPsaid, in IH'h:tlf of the

United t-itatPs, to pay to t.ho Cro<k 1\'aJ.ion. itnnwdiatdy upon the rati-

fic:ttion of ~'<nid Trmty, the swn of t.hirty t.ho11sand dollars.

In witness whPn~of, the partiPs aforpsaid han~ hentmto st't. t.hnir

hands and seals, this thirh-tit:-;t. day of 1\latch, in tht' \'cat of our Lord

o11e thousand ei~ht hnndri.d twPnt.\-siX:.

..

.T:lllH'>' Barbour, Opnthlt Yoholo, hi>' x mark, .John l"t.itlham, hi>' x mark, l\T:ul \\'olf, hi~ x nmrk , Tuskel'kee Tu,.tunnngget, his
mark,
Yoholo 1\[i,.t;o. his x mark, .:\lenawee, ht;; x mark,

rl.. ~. ]
[1.. >'.)
[r.. ,., ]
[1.. >'. ) x
[1.. :<.] [L. t;. ) [ r,. s.)

('harl ~ Cornell,, hi, X lllHrk,

[!.. s.J

:\pauly Tu>'ltillllllg'gt P, Jli,. x mark. [r.. ><.)

(',.,. , a Tu,tullllll:,!gtt>, hil' .x wark, [1.. 1;. ]

.\'alu thw llopit , hi' x wark ,

[r.. !<.)

:-;l'lot'ta. hi,. x lllark,

[1.. fl.)

Tinquu>chy Barnar.l, hi,. x mark, [r.. R.)

Lelal!i , hi~ x mark,

[r,. s .]

In pt'PS!'nce of-- Thomas L. l\lcK.tnne\-,
.John Crowell, ng-Pnt. fot Indian atfairs John Hirlgp, secretnr,,-. D:wid \'ann, \Vm. Hambly.

A-16

TREATY WITH THE CREEKS, 1827.

:"0\', J;'l, ]~~i. Arlid1'~ ~~f' ll.f/l't'f:nu Jd 11W1/,, 0111/ 1'ond11rlf'd ((t tllf Crl'tk Agl'llt:!l, on tl"

; .:-:tat., :m;.

.tU~''e?dh doy '!l l\~Jr, mhl', II/IIi tlt.ou.vwtl f' ifJM l1111tdr,d "nd twmf!l-

l'rt H'lnmntiotl, ;\lnr. I, ~~~X.

.~,,,., .n, hdlrnn TluiJJI(/8 L. Jlcl\~'IIII<'Y ""d .foh n (},o,,.l'lf, in hr:ha(f

'!f' tl,, flu-ited ,'\f,,rf, .~, '!f' til(! oJW _}Ia rt, and Litt/13 PrinCt! (flld otl11r.~.

Uh.i'ifH and l!Mrl _ilfen 1ft/,,, Cr,<tk J\'at/on, oftlw other J>"rt.

<lhjtrtofllu(runtr. W1nmJMH u TrPnty of CPssion wa,; concluded at. 'Ya,.hington City in
tlw Di:4.ri et of Columhia, hy .I.\:'111-:S BAHIIOUH, Scentar,r of "'ar, of
tlu oiiP part, :uul OI'OTIIU:oJJOLO, .I oliN STJJHIAI\I, and 0Tm: w. of tltP otlwr part., ami whil'h Tnaty lutw:-: dall tlu~ twenty-fourth day of .Jan uary, otw tltous:uul coi::ht hurulrPd and bn~nt.y-six; and whtJ'I':I,.., tlw
oh,jl'd. of said 'l'rPat.y hl\ing to Pt11hnu1\ a ttssion by tlw CJ'Pl'k !\ation. of all t.lw l:tnds owned hy tlwm within tlw ehnrtered liruih;of Gt>oq.rin.
and it. ha,ing lwe n the opinion of the part.it's, at. the time wlwn :>aid Tcnt.,\ wa..; eoJliludt>d, that. all, or m~arly all. of l'aicl lands W\'1'1' t:'ntlnai'I'O in said <'l'~sion, and hv thn lim's us dl'litwtl in said Trl'ah.
nnd t hi' supphmental nrticle tlieret.o: and wherca,; it haYing been

A-17

'l'REA'l'Y WITH THE Cin:J<:KS, 1~~7 .

.~inee ascertninerl that the said lines in said Treaty, and the :supplement

thtrl'to, do not embrace all the lands owrwtl by the CrPPk Nation

within the ehartercd li111its of Georgia, aud t.lre Pn~s ideut of tlw l ' nikd

StaiPs ha\ing urged the Creek Nation further to extmrd the limit,., tls

dclirwd in the Tnaty aforesaid, aud the Chiefs ttnd hmd men of the

Cntk ;\ation lwiug <lesirous of conrplying with the wish of t.IH\ l're:;i-

tl<nt of the l'nittd States, thereforl', they, the Chiefs and hPad IIWII

afortsaid, agn'n to ePde, and they do hert~hy ecde to t.he Unit!'d State.s,

all tire l't~ nmining land,., now owtwd or claimed hy the Creek :\atioH,

not lwntoforo ci\dl'd, and whidr, on aetna I survey, may he found to

lie within tlw l'hartPred limits of the State of Oeorgia . lr~ consideration. whtn;t~f, and in full yonrpensation fur t!w ahort\ 1..';,::~~~~7~11~\1.cs ''11"'' ePss1on, llrn undtrstg'n<'d, I !loMAs L. 7\kh.ENNEY, and ,JoliN CHOWELL,

in l~thalf of tlw Unittd Sta!ts, do lwndy agTI'e to pay to tho Cllid,;

and h!'ad llH ~ n of t.ltt~ Cnt>k Nation aforesaid, and as :;oott as may he

aflr t IH' apJ.)rond and ~atilieat.i.on of t,hi;s H'l't:nnHmt., in tl.wusual ~orm;;,

by t lw l'l'""ldl'llt and ::-;I ~ Jtat.n of tho l nrtLtl ~tatns, an<l Jt:s ::;anl'tton hy

a iotuwil oft ht\ Crntk :\ntion, to ht illlllll'c!intdy eOIII'tllll'd for t.lw pur-

po~t , or ),y the suhstript.ion of sudt n:tnres, in addition t.o t.host\ .. ub-

snilnd to this in..;t.runttnl., of Chit\fs nud lwad uwn of t.hP uat.ion, ns

sballl'onsl it uti' it t lw ad.of tht\ ( ~l'l'l'k 1\'ation--- t.lw sum of t.wtut \'-.~lnn

thott.~and four lllllttlntl and ninl't.v-ont\ dollars.



It j,..; fttrtiHr a.~TI'I'd hy tlw paitits lwmto, in hPh:tlf of t.ho llnitl'd l>'nrllwrngMnwnt.

Stall's, to allow, on :Hcouut; of thn <'1\:.:sion IH\I't'in lll:ld1, the :ulditional

su111 of tifhen thousand dollars, it h1\ing the und!'rst.anding of '"'th thn

part iPs, tltat ti\'e tlwusand dollars of this sum ,;hall he applied, umler

tht dirpdion of tlw Presidtnt of thP United States, towards the edtwa-

tion and support of (~n'ek children at tlw :whool in Kentueky, known

hy thl' titk of the .. Ulillc!.trlltl ~kwlt-nry," and under the existing regn-

l:tt ions: also, or1e thousand <Iollar.-; towards the :,;upport of the \\'ithi ng-

tun, and orw thousand dollars towards the support of the Ashur.r

stations, so l'alkcl, hoth lH'iug sdwob in the Creek Nation, and under

rtgul:rtions of tlw ])ppal'tlltl'nt of \Var; two thousand Jollan; for the

t'I'Idion of four horse mi lis, to b1\ ;;uitahly locat<\d undPr the dir<'dion of tlre l'rtsidtnt of tho l 'n it(d Rtat<~s; one thousand tlollars to be

appli<'d to tire JHir-cha...,~ of c:utl,; and whceb, for the usc of the CttPks,

ami the rtrnaining lir<' thousand dollar:-;, it is agreed, shall he paid in

hia11 kds and ot hl'r rHttssary a rrd useful goods, immcdiattl.\' aftt'l' the

:-;igning and tltli\'Cl'} of t.lw,;e pnsent...;.

In witruss wlrmpof, the p:utit~s have hereunto set. their hand:; and

~Pals, this lifi<~Pnth day of Nmpmh1r, ono thousand Pight hundttd and

I.WI'Il ty -HI ~ \'(' II.

'l'honras L. 1\leKennPy, .John CrowPII, Littl1 l'rilll't\, his X mark,

rr.. s.J
IL. ~.J IL. s.J

In presence Qf-

l<:p:Lll -t'rnathla. his x mark, Trmpouehoe Burnard. his x mark,
llatlrlan llaujo, his x rnark, Okt~-juoke Yau-holo, hiH x murk, Ca,.:sdaw l\Iicco, Iris x ruark,

jL. s.]
IL. s.J IL. s. J
r~.. s. J Ir.. " J

Lutlrer Blak<, seCl'ctar,r,

.\rrdnw I lam ill.

\\'lritrnan t'. Jlill,

Thonra,.: Crowl'll.

\\'htn'as, th1' aho\'(' nrticks of agTePnwnt and ecssion were entered into at tht Cntli: :lg'I'IH' \' on the da ,. and date thereiu IIIPntioued hPtwtt'n tht Little Printl< tho lll'ad nai.n of the nation and tin othe;. driPfs, and Thoma.,; L. ~leKt'llllP,Y and ,John Crowell: commissioners

A-.us

ou the part of the U uited States, for the cession of all t.he lands owuml or d:\imed by the Creek natiou, and not heretofore ceded, and which,
on actual survey, nmy he found to lie within the chartered limits of
the State of Ueorgia, and which said agteellH'nt was made suhjcet to the approval and ratification hy thePresid<.nt :tncl Senate of the United States, and the approval and sanction of the Creek nation, in getwml
couucil of the said nation. Now, these presents witnesseth, tlmt we, the undersignNl. ehiefs
and bend men of the Creek nation in geneml council con\Pn<'d, at IVt?tnmph, the third day of .January, onn thou.;and eight llltndr('(l and twenty-eight, ha\'t\ agt-e<'tl and <.;tipulatPd with .John Crowt'll. I'OIIllllis-
sioncr on the part of HIC U nit.nd Htatt's, for and in l'onsidPraf ion of the additional ~-:mn of fi \'tl thousand dollars, to he paid to 11s in hlan-
kcts, and other necessary artidcs of clothing, immediately after the signing and scaling of these ptcsent.s, to sanetiou, and hy tltcsc })J'es. enb; do hereby approve, sanction, and ratify, the abon~mt>ntimu'< nnd foregoing ll.t"tides of 1\),!'rcmncnt a111l st>ssion.
In witness whereof, the parties h:we hereunto set t.lu,ir hands and seals. t.lw <hty and date ahove IIH'ntioru'<l.

John Cnwtll,
Brokn Arrow Town: Litt ~~~ l'rinet, his x mark, Tuskttgu, hi~ x mark, Cotdw lla.ne, his x mark,
Cttsetau Town: Tnkclwnaw, hiH x mark,
Epi Emartln, his x mark, Oakpn~hu Yoholo, his x mark,
Cow(tau Town: Neal1 Thlenco, his x mark,
Tomasa Town:
Colitclm Ementla, hi8 x mark,

(1 . N.]
[ 1.. ~.] (1. :;.) [1. s.]
(1 .. s.] [t . ~<. ) (1 .. t<.]
(1. s.]
[1. s.]

.\rthlau lla~ l'l', hiH x mark, CowPtaw !\li!'<'o, hi~ x mark,
o~wiht1To1rn:
llaiatl<t Tn~tinug:~u, hi!< x Jll:trk, Odiatdltt 1-:nutrila, hiH x 1nark, CharltH Enmrtla, hi>< x 111;1rk,
lkht'l' Town:
Timpothc Hanw<l, hi,.: x mark,
Chawaccola llatehu Town: Coe 1~. }htyo, hiH x mark, PowaA Yoholo, his x mark,
Ema Hayre, his x mark,

[1.. :-:.] [1.. s.]
[1.. " ] [ 1.. H.] (t.. H.] [!.. s.)

In presence of- - Lut.hcr Blake, secretary,
Andrew Ilamill, ~~noch .I oh nson,
Thomas ( :rowell.
Benjamin Marshnll, Paddy Cnrr,
int.<~ rprctms.
;roscph 1\Iarslmll, John lVin~-:lett.

A-19

TREATY WITH THE CREEKS, 1832.

Article8 r~f' rt treaty 'lrutde at the (/ity r~f WaN/dnyton hetween Le'Wi..~ lllar. 21. 11<:12.

flt8.~, tf,, rd ,<.,fa trw, II Ill/

ot r1wNp( a.' l:'it,'t~.'rfIo/~ lyf?'/.a'f)Ifu<tlr/~ f(')r.1iIzIed.dUf11hl<tf,

tilt!

1~,.,',\"idr'ld

o' f tlw

l/nitnl 7 Ht"' aw.
I, l1'r~c:w1~.lnmnlimo ' Apr

A H'I'ICU: I. Tht\ Creek tl'i he of ] nditms eerie to the U nit.erl Stat:A.\H all c.,..,ion of hone! hy

t.)H~l.l' Ianu.1, I,,al'<t o I.' tlW 1\Il'i'SI..'iS.lJ>pl. 1'.1\'C.I'.

th !tuliom.

A HTI<'LI: 11. The l Tnit(d StatP~:~ l'ngnge to survey the snid land n:-~ LILntllohuneyl, soon a:-~ tlw :mmn ean h11 convPHient.ly done, after the ratification of this ctt.

treaty, nnd wlwn the same is surveyed .to allow ninety prindpal Chiefs

or the Creek tribe to :,~eleet one section each, and every other head of

a CrePk family to select one half section each, which tracts shall he

resPIT ed from sale for their use for the term of five years, unless sooner

di:-~pm;ed of hy them. A census of these persons shall be takeit under

the direction of the President and the selections shall be made so as to

include the improvements of each person within hi~:~ selection, if the

same t:m be so made, and if not, then all the persons belonging to the

sunw town, entitled to sdections, and who elm not make the same, HO

us to include thei1 improvements, shall take them in one body in a

prop<'r form. And twenty sections shall be selected, under the <lirec-

tion of the President for the orphan children of the Creeks, and

dividNI and retained or sold for their benefit as the President may

dired. Provided however that no selections or loeationi'J under this

treaty shall he so made as to indude the agency reserve.

A H'l'ICLJo: III. These trads m:ty he connyed by the persons selecting conv<'Y"""''"

the :;ame, to any other pe r,;om; for n fair <~<msidemtioll, in such mannm

us the President may direct. The eontra<"t shnll he emtitied by :;ome

person appointed for that purpose hy the President, hut shall not he

valid 'till the Pte"ident apptoveH the same. A title shall be given hy

the United States on the <"ompletion of the payment.

AHTIGU: IV. At the end of tiye year:;, nil tlw Creeks entitled to these 1~"~<1 1"''''111 '

selel't.ions, and desirous of remaining, shall recei\'C patent~:~ t.hf'refor in

fee :;imple, from the Unitf'd States.

AHTICI.Jo: V. All intruders upon the country hereby eeded shnll he Iutroultrn.

removed therefrom in the same manner ns intruders may be removed by

law from oth<'r public land until the country is snneycd, and the seJec-

tions made; cxeepting lwwnver from this piovision thm;e white persons

wllohave made their own impo,emenb, and not expelled the Creeks

from theirs. Such persons may remain 'till their crops ure gathered.

After the country is surveyed and the selections made, this article shall

not opctate upon that part of it not 'ncluded in 1:mch selections. But

.'fRJ<:A'l'Y Wl'l'H 'l'Hi<: CIU:~:KS, 1&12.

ir1trnders shall, in the m:lnner before deAerihcd, he removed fl'om Uw:-;c

),lelect.ion:,~ for the t.ctm of five years from the rn.titieation of this hcnty,

or until the same aro cOtn-cycd to white pcr;.:ons; ' .\clctltionnt ""'"' ARTICt.~l VI. 'L\vent.y-nine :-;pcfions in addition to t.he fot~>going- may

linn.

he li1nted, nnd patents for the snnw shall tlwn issuP to those persons,

hcing- ()reeks, to whom the same may ho as:-;igned h.r the Ctel'k tl'ihn.

But whcncvet the gmntPes of thmm tmds possess impro\'Cilll'nt."', !'HI'h

tracts shnll be so lol'ated u.:-; to ineludc thn itupto,cnumts, aml ns IIPHI'

n~o~ mny he in the cPntm. And there shall also he granted hy paiPIIt to

Benjamin Mnrshall, one section of land,to include his impronnHttts on

the Chnbthooehec river, to be hounded for one milo in ndi rect line

11.long the said rhe r~ and to run hack f(H' qunntity. There shull also be

gmnt~>d to .roseph l~runer a. colored man, .one half ~;ection of land, for

hi~ ~;erviecs as an interpreter.

mf:t::~lion.howtobc ARTlCLFl VII. All the lo1~1Ltions authori;r.ed by this tre~tt.y, with the

HX<;,eption of tlmt of Benjamin Marshall shtill he made in conformitY

with the lines of the surveys; and the Creeks relinquish all elnim for

impr11\cments.

''lclllinnnl
ln.Cn~ko .

nnunlty

s

JmAlt(tThICor.Fp.aiVd

lll.
tot

A .JH~

n C

ndditi reeks

onnl for

aiumit.y Ute term

of
of

tweln1 thousand dollars five1 .n~ars, and tlwrenf. t.cr

the l!laid nnnuity 11hall be reduced to ten thous1lnd dollnri-l, nncl shnll hn

pnid .for tho term of tiftntltt yen.r~;. AII the nnnititil's due to the Creeks

!'{hall he paid in sul'h numner as the tA:ihe may di1eet.

lmU1mrsoiinl<nwnLnttin.n

for AnTICI,Fl lX. For the1 JlUrpose of pit.ring certait.td. ehts duP h.'' the Creeks, l\nd to relil'\'e them in their present distressed condition, the

sum of one hundred thous~nd dollars, shall he paid to the Ureek tribe,

as soon as may be after the ratification hereof, to he apf.lied to the

payment of their just debb;~ and then to their own relie , and to he

ilistl'ibuted as they tnay direct, and which shall he in full conAidcration

of all improvements. tit~~~Jl('n- of clelcgn- AttTJCI,E X. :.rhe sum of sixtee!t thousanu do!JIU':'I shall he nllowed

n.s a eompensatton to the dcleg1ttton sent to this plaee, uml fot the

pn.ynmnt of their expenses, and of the claims against tlwm.

Cl.t'crlnniitnc!(l'lStdrnmtc.s

to pur

ARTICLE
Stn.te~.

XI.

The

fol.lowing l.~lairns . l'lhall .

be

paid h,,. .

the

U nitl~d

For ferries, bridges and causeway~, three thousand dollars, pro,ided

that the same shaH become the property of the United States.

For the payment of ecrtain judgment!,; obtained against the chiefs

eight thousand five hundred and sevent;\- dollars.

For lof!Ses for which they suppose the United Sbltes reAponsible,

aeven thousand seven hundred nnd t1n dollars.

For tho pnyment of improvement<~ und.er the treaty of 182tl one

thousand dollnts.

AuuniU"".

Tlw t.hteo following nnnuit.ies shnll he paid for life.

To Tuske-hcw-hnw-Uusotnw two hun<h'l'cf dolltus.

To the Blind lT<,hn King one hmHlmd dollnrs.

To Nbnh Mho OJH' lmndtcd dollars.

Tlwt'(\ t'hnlllll' pttill t.Jie sum of fifteen doll:urs, for <'neh pNson who

hns emigtnted wtt.hout ex pens11 to t.hn Unitld Stntt>s, hnt t.lu wholt>

!'IIIII niJowed undl't' t.his provision :;hall not CXeecd fourteen hundred

dollars.

Them Ahnll lm <lidded nmong the })('rsons, who Antlered in eonse-

<tnenel' of being prevented from emig-i'ating, three thousand doll:us.

Tho ln.nd hereby ceded shaH rtmnin as a fund from whieh ull tlw foregoing pnymmits except those in the ninth and tenth artidc~ ~'hall

he pnid.

Rcmmnt of CrcPk. A ltTICt,Fl XII. The United Stutes are desirous that the Crnl'ks shonlrl

tenwve to the country \\;est of theMississippi, and join their ~~oullh'\ men there: and for this purpose it is agtccd,thnt as fa...;t wo~ th1. CrPek!'

arc prepared to emigrate, they l>hnll be rcmon~<l at the expense of the

I

.

A-21

TREATY WITH 'l'Hl<~ CREEKt!, 1832.

Unitccl States, and shall receive suhsistence while upon the journey,
RIHI for orw \"Par aftpr their arrival at thdr new honws- Pro\'ided howenr, Ihat this :utide :;hall Hot he eonstrue<l so as to compel any Creek I lillian to emigrate, hut they Hhall be free to go or stay, u.s tht~y

Proviso.

pltasl' .
.\ 1:T11 'LE X li I. There shall also he given to each emig-rutingwarrior Pns""'" '" .,,,;. 11 rille, nroul<ls, wiper and ammunition and to eueh family one blanket. g-runts.
Thn1l thousand dollars, to he expended as the President may direet, :shall be allowed for the term of twenty years for teaehing their children. As :-ooon as lwlf th('ir people emigrate, orw J,I:ieksmit.h :shall he allowed Bhu:ksmith'.

them, turd another wh1n two-thirds emig-rate, together with one ton of

iron awl two hundnd weight of shel annually for C;lch black.smith.--

The:sc blacksmiths shall he :,mpported for twenty years.
A JtTICJ.~<: X IV. The Creek eountry west of the l\1 is:;issippi shall he o/ir;;;,l~~l~~;11~~;;.w"' 1
solc>rmdy guamutied to the Creek Indian:;, not shall any State or Tt~l'l'i-

tory P\"'1' han~ a right to pa:;s laws for the g-ovcrnnwnt of :;11eh Indians,

but tilt')" :-;hall hn allowed to govern thentseln~s, so far as may he com-

patihlo with the g1neml jurisdiction whieh Congress may thiuk proper

to t!xen~ise over t.lrem. And the Unitt>1l Statts will also defend tlwm

fl'om the unjust ho:;tilitil.'s of other Indians, and will also us soon as the

boundaries of the Creek ~~ountry \Vest of the Missi:;sippi are ascer-

tained, cause a patent ot grant to he executed to the Creek tribe;

agreeably to the Hd :-oection of the net of Congress of May 2d, [28,] 1830, 1830 ch. H~.

entitled "An ad to pl'Ovide for an exdmng-e of lands with the lndiam;

residing in any of the States, or Territories, and for their removal \Vest

of the ~lissi:-;sirpi."

.

.

AHTICLJ.: X\. This treat.y :shall he obligatory on the contracting par- w~.;~~,Wfil~thgutory

ties, as soon a:; tlw same shall he mtitied hv the United States.

In testimony whereof, the said Lewis cass, and the undersigned

chiefs of the said tribe, ha\e hereunto set their hands at the city of

Washington, this 2-!th day of March, A. D. 1832.

Lewis Cass, Opothleholo, his x mark, Tnchchatcheebadgo, hi:s x mark, Etiematla, his x mark, Tuchehat.che Miceo, his x mark, Tomack .Mieco, his x mark, William lVIeGilvery, his x mnrk, Benjamin Marshall.

In the prcsencn of\ SantuPI Bl'll, William H. King,
.John Tipton, William \\'ilkius, C. C. Clay, .1. Speigl{t,
H:unnPl W. Mardis, .1. l'. 1:-oaek..;, .John Cmwt>ll, 1: .f. lkrrjamin ~lar:-;lu,ll,
Thomas Carr, .Johu H. Bl'Odnax,
lu terpretcrs.

Material included in the original manuscript of this report and which could not be copied with clarity is the following:

A-22: Notice of the Celebrity of Indian Springs from The Daily Georgian, (Savannah, Georgia), August 12, 1824, p. 2, c. 1 (on Microfilm at Georgia Department of Archives and History, Drawer 78, Box 40).

A-23: Notice of "nte Indian Mineral Springs", The Georgia Journal (Milledgeville, Georgia), March 13, 1827, p. 2, c. 6,7 (on Microfilm at Georgia Department of Archives and History, Drawer 222, Box 71).

A-24:

Indian Springs Tavern Advertisement from The Macon Journal and Messenger (Macon, Georgia), June 24, 1828, p. 3, c. 6 (on Microfilm at Georgia Department of Archives and History, Drawer 51, Box 70).

A-25: Indian Springs Tavern Advertisement from The Macon Journal and Messenger (Macon, Georgia), June 9, 1832, p. 4, c. 1 (on Microfilm at Georgia Department of Archives and History, Drawer, Box 71).

Photostatic copies of this material is available at the Historic Preservation Section office, along with three maps, which are the following:

1823 Map of Georgia and Alabama, showing Creek and Cherokee Territory. Published by H.S. Tanner, Philadelphia, 1823. Copy courtesy of the Surveyor General Department, State of Georgia.
1828 Plat of Indian Springs as laid out by commissioners of the State of Georgia. Original in the Surveyor General Department, State of Georgia.
Indian Land Cessions in Georgia, 1733-1835. Prepared by Hugh Riley, University of Georgia. Corrections by Pat Bryant, Surveyor General Department, State of Georgia.

J3.
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58
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"Georgia, Butts County. The above plan is a correct Representation of the Reserve and Village at the Indian Spring as laid out by th~ CoDIIlissioners, March 1828. Hugh MacDonald, Surveyor"
Original in the Office of the Surveyor General, State of Georgia.

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Report of the Connnissioners appointed to dispose of the

Mcintosh Reserves in the County of Butts. April 1828

. .

:il

~eral, Original' in the office of the S; rveyor

State of Georgia: . . . 11

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A-27

A-28

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- -- - -- - - - - - - ------ - ----- -----
Inventory and Appraisement of the Estate of Henry Dillon, Deceased Source: Butts County, Georgia, Wills and Returns, 1845-1851.

A-35

"An Inventory and Appraisement of the Estate of Henry Dillon Deceased

No. 1
2
3 4
6
7 8
9 10 11 12 13 14 16 17 18 19 20 23 26 27 28 29 30 31 32 32 34 36 39 41 42 44 46 47 49 50 51 53

Ephraim a negro boy valued at

$833.00

Fanny a girl

850.00

Lydia a woman

550.00

Sarah a "

200.00

1 pair match mules

170.00

1 gray pony

40.00

1 waggon & harness(2 horse)

40.00

1 buggy and harness

100.00

1 piano forte

150.00

1 bureau

20.00

1 looking glass

3.00

1 fine clock

10.00

1 lot books 40.00- 1 centre table 5.00

45.00

1 dining table

8.00

1 book case medicines etc.

5.00

1 wardrobe

25.00

1 pair brass andirons & fender

15.00

1 couch 4.00- bedstead 6 . 00 beaureaw 10.00

20.00

1 couch 4.00- 1 lot bed clothing 25.00

29.00

1 Bonners Map of Georgia

3.00

1 looking glass

2.00

2 beds & 2 mattresses

35.00

1 bedstead teaster 1 trunnel? & cord

4.00

1 cooking stove

35.00

1 lot pots ovens etc.

12.00

1 " wood & tin ware

4.00

2 pine tables 1.50 2 collins wares? 2.00

3.50

1 grind stone2.001 lot hoes & mattocks 2.25

4.25

10 barrels 3.00- 1 lot jars & jugs & 1 tin can 4.00 7.00

2 dish cover

1.00

1 Lot crockery and glass ware knives forks & spoons 30.00

1 pine dining table 3.00 1 small pine table .50

3.50

1 candle stand .50-- 1 table bell .50 --

1.00

20 split bottom chairs 6.00~ 13 windsor do. 13.00

19.00

2 rocking chairs 2.00 5 mattresses 20.00

22.00

2 under beds

2.00

1 bed 4 pillows 2 sheets & 1 counterpain

12.00

2 bedsteads 12.00 2 wash stands & looking glass 2.50 14.50

1 small pair andirons

.50

Amt. carried up $ 3328.25

A-36

No. 54
56 56 58 61 63

Amt. Brat. Up

$3328.25

4 Bedsteads 20.00 15 pillows 14.00

34.00

1 bed & furniture 14.00

14.00

6 mattresses 30.00- 1 Lot Bed clothing 50.00

80.00

10 blankets 7.50--2 tables 2 glasses & 2 ewers & basin 11.50

1 small pine table 25--1 hare mattress 20.00

20.25

1 bed under bed & bedstead & cord

20.00

1 note on Jeffersom M. Varner, Andrew J. Varner, Clinton

Varner & Edward Varner, Secy. due the 25th day of December

1850 and dated 6th October 1849 bearing Interest from date

if not punctually paid for.

2000.00

1 note on the same parties dated the 6th October 1849 and due 25th December 1851 for

2000.00

1 note on the same parties dated the 27th day of June 1850 and due 25th December 1850 and bearing interest from the 1st January 1850 for

450.00

1 note on the same parties dated the 27th day of June 1850 and due 25th December 1851 for

450.00

1 note on 1 note on

(NOTES DUE THE ESTATE & PAYMENTS ON SAME)

Roger McCall due 25th Sept. 1842 for

$ 106.00

William J. Hobbie due 27th July 1839 for

14.44

Phillip Gordon

12th Sept 1839

12.50

E. Wetsell

23rd Aug 1839 for

5.00

K.D.Bridges

6th Oct 1841 "

21.00

Nathan ? Lanear

5th May 1838

11.00

Charles Southworth

19th Apr 1834 for

12.00

Elijah Miller E.G. & J. Hill K.D.Bridges James H. Miller Joel H. Grubbs

17th Jan 1839 for
1st Apr 1835 " 9th Sept 1840 "
7th Sept 1838 " 9th SeEt 1840 "

8.06 5.68 20.00 5.00 10.00

Credited 18th SeEt 1840 with $450

Jesse F. Clay

due 23rd Jany 1838

9.12

Elisha Crow

7th Feb 1837

5.25

John H. Travis

3rd May 1838

2.25

Thomas Dillon

22nd Apr 1840?

10.00

Sanders Lot

23rd Oct 1837

1.18

James Henderson

17th Feb 1837

20.00

P.P.Cick

7th Feb 1837

14.25

Same

1st Feb 1838

5.00

Same

18th Feb 1838

17.00

Same

23rd Feb 1839?

8.25

Both Amts Carried Up

329.48 8408.00

A-37

Amt. Brot. up

(NOTES ON THE ESTATE CONTINUED)

$329.48

8408.00

1 Note on

W.C.Huson

due

27th Feb 1838 for

Henry McCallister

14th Dec 1836

Irvin D. Mounce Ward Hutchison

8th Mar 1841 "1st Apr 1828

B. Billings

2nd Jan H~33

J.W.Brantly

13th Feb 1825

W.E.Ogleby & F. Travis 2nd Jan 1838

J:L':Parker

24th Jan 1838

Caleb T. Shaw

15th Nov 1837

Same

11th Jan 11

Saml. W. Quay

24tH .Sept 1840

W. McCurry

7 Sept 1841

George W. Jones

14 Novr 1836

A.B.Webb

24 June 1843

W.J.Morrison

23 June 1840?

R.J.Herrod

10 Jany 11

Leroy T. Greer

12 Sept 1839

Owen Tiller ?

3 March 1830

Irvin D. Mounce

25 Jany 1837

Thomas Henderson

22 Jany 1839

Gillis Lumpkin

12 Jany 1838

A.M.Smith & S.J.Hendrick 14 Jany 1839

George W. Cook

17 July 1841

E. Warren

4 Sept 1840

J.S.Sumpt & S. Hilman 7 Octb 1840

S.M.Greyson

11 Octb 1842

Isaac Morris

Jany 1839

J. Henderson

29 June 1833

William Fuller

15 Sept 1843

John H. Hendrick

22 Novr 1836

10.00 4.37 1.62
16.50 60.00 24.25
8.87 20.00
5.00 9.87 30.68 80.58 3.00 3.93 2.75 1. 00 5.25 5.12 54.60 2.00 40.37 96.50 6.00 10.00 96.00 205.00 2.00 28.68 66.50 20.00

$ 1243.92

All the above notes except those on the Messrs. Varner are out of date and considered by us to be entirely worthless.

1 Double barrel! shot gun & horn
1 pair spring balances 1 English Heifer
1 Cow & calf 15.00 1 do.do. 10.00 1 do.do. 12.50
1 Bull English 6.00 3 shoats 7.00

25.00 .25
15.00 37.50 13.00

105 1/3 Acres land lying near the Indian Springs and on the Indian Springs Reserve not viewed by the appraisers

Amt. Carried Up

8498.75

A-38

(Continuation of Estate records)

1 Account on 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

J.R. Compton .for James B. Camp (?)
P.E.Parkerson Martha Norris McClendon & Swam (?) S.H.Saunders Sarah J. Douglas R.G.Duke J .C. Little W. F. Swan J.G.Thompson W.B.Hunt Joshua Patrick F.J.Childers John Andrews C.A.Mullins (?) W.R.Bankston J . C.Boyd F.S.Stewart S.U.Duke

Amt. Brgt. Up

$ 8498.75

48.33 62.66 58.10
2.00 15.00
6.50 1.00 2.00 3.50 3.75 6.75
1. 75 7.00 12.25 5. 75 2.00 4.00 6.00 7.00 (omitted)

(Total not given)

Georgia

I We the undersigned appraisors of the estate of

Butts County I Henry Dillon late of said county deceased

do hereby certify that the above and foregoing six pages contains a just and

true appraisment of the estate of said deceased to the best of our judgment

and understanding-

Given under our hands this 3rd day of Sept.

1850.

W.R.Bankston I
John Andrews IAppraisors
Robert G. Duke I

Georgia

I

Butts County I

I do hereby certify that the above appraisors were duly sworn by me to perform their duties as such, September 3rd, 1850.
J.R.McCord, J.P.

Recorded this 16th Octr. 1850 John McCord C.C.O. (Clerk of the Court of Ordinary)

A-39
WILL OF CYNTHIA H. VARNER
From Butts County, Georgia Deed Book L (1881-83) p. 193 ff. (Superior Court)
Georgia, Butts County
In the name of God-Amen
!,Cynthia Hardwick Varner, being weak in body, but of sound mind and memory do make and publish this as my last will and testament hereby revoking all others.
1st. If I should die indebted toany persoq or persons, I wish payment to be made out of my estate, together with all propercharges for my funeral expenses.
2nd. tn addition to the provision made for my daughters Armanda and Josaphine by a deed of gift executed this day _! desire and direct that each of thein have one fourth of my estate, the other two fourths I wish equally divided between the children of Clinton L. Varner and John C. Varner, my two sons, the children of the former to have one fot1rth, and children of the latter one fourth,; and children born after my death, if any should so be born, to be admitted to an equal share with the other children of the same family.
3rd. The property intended to pass and be disposed of by this will is the whole of what I have lately owned or been possessed of,except what is embraced in the deed of gift above referred to.
4th. And I hereby nominate and appoint my said son John C. and my said daughters Amarida and Josaphline my executors to carey into effect and see to the execution of this will.
Cynthia H. X Varner SEAL
her mark
A-40
Signed Sealed publish& and declared by the testatrix as her last will and testament, in our presence, and in the presence ,()f .- -and of each other we subscribe the same as witness, this tenth day of March, 1881.
J.H.DMcRae R.J.Lawson W.F.Douglass
(Mrs. Cynthia H. Fitzpatrick Varner died December 15, 1882 at Indian Springs.)

WILL OF AMANDA VARNER
From Butts County, Georgia Will Book B, p. 136 (Court of Ordinary)

A-41

State of Georgia, Butts County. Last Will and Testament of Miss Amanda Varner.
I, Amanda Varner of said state and county being of sound mind and memory do make this my last will and testament.
Item 1st. I give bequeath and devise to the Methodist Church at Flovilla, Ga. one lot in the town of Indian Spring containing two acres more or less and known as the Wiley lot, and I appoint R. Troupe Smith as trustee to carry out this item for the church.
Item 2nd. I give bequeath and devise to my friend Mrs. A.H.Ogletree my milch cow Susannah Westley.
Item 3rd. I give bequeath and devise all the remainder of my property both real and personal to my sister, Josephine Varner.
Item 4th. I hereby appoint my friend A.H.Ogletree executor of this my last will and testament,this 24 day of March, 1915.
Amanda X Varner her mark
Signed declared and published by Amanda Varner as her last will and testament in the presence of the subscribers who subscribe our names hereto in the presence of said testator at her instance and request,and of each other the signing in our presence and we signing in her presence.
L.D.Hoard Mrs. Bessie Bryans (?) R.W.Watkins
Probated in solemn form at January Term, Butts Court of Ordinary, January 3, 1916.
Rec. Jan. 7, 1916
(A Stat6llllent follows dated January 3, 1916 signed by the heirs acknowledging the witnesses statement. )

A-42
WILL OF MISS JOE VARNER
From Butts County, Georgia Will Book B, p.232. (Court of Ordinary)
Last Will and Testament of Miss Joe Varner. In the name of the Blessed Heavenly Father, Amen. I (Miss) Joe
Varner of Indian Springs, Butts Co. Ga., being of sound mind, memory and understanding, do make my last will and testament in number and form as follows: First. I have used as I desired some personal property and previously given to those whom I wanted to have it the personal property remaining in my rooms and given directions as to the delivery of same. And with friends, provided and arranged for my funeral, which I desire to be conducted in a simple manner. Second. I hereby direct and empower my executor to sell, as soon after my death, as in his judgement is practicable, my real estate, the horne in which I now live, mine by reason, of a deed of gift, from my mother to my sister, Amanda, and myself, and the vacant lots adjoining, all to the best advantage, either at auction or private sale and divide the proceeds in the following rnanner:(1/5) One fifth to the legal heirs of my half brother Wrn H. Byrom. (1/5) One fifth to the legal heirs of my brother Early Varner. (1/5) One fifth to the legal heirs of my brother Sam D. Varner. (1/5) One fifth to the legal heirs of my brother John C. Varner and (1/5) One fifth equally between Forest Varner and Julia Varner Chapman, both children and heirs of my brother Clinton L. Varner. Third. If any of the children of my five brothers die without issue before the sale of my said real estate by my executor, then I direct that their share be equally distributed between their living brothers and sisters, and should any of the heirs of my five brothers object to and interfere in any manner with what I have done in the division of my estate, I direct that their part be equally distributed between their brothers and sisters. Fourth. Any will previously made by me at any time is hereby revoked. Fifth. I hereby appoint my friend R.P. Sasnett, Executor of my will and request that he not be required to give bond.
In Witness Whereof, I,(Miss) Joe Varner, the testatrix, have to this, my last will and testament, set my hand and seal, the 15 day of September 1923.
Miss Joe Varner.(Seal)

A-43

Signed, sealed and declared by the above named Miss Joe Varner, as and for her last will and testament, in the presence of us, who have hereto subscribed our names at her request, as witnesses thereto, in presence of the said testatrix and of each othe~
J .W. Oneal. P.R. Weaver. J.E. Cline.

Codical to last will and testament of Miss Joe Varner. Georgia, Butts
County. Whereas, I did on the 15th day of September, 1923, make, sign and
seal my last will and testament and publish same as such, in the presence of the subscribing witnesses, whose names are subscribed thereto, and whereas, I am desirous of adding a Codical thereto as follows:
That on the 3rd day of April 1928, I did make an advancement in the sum of $600.00 to my nephew, Forest Varner, which said sum $600.00 I intended to be accounted for by said Forest Varner in the distribution of my estate, as his name appears in my said will as one of the legatees in said will.
Therefore, I now direct my executor named in my said will to deduct the sum $600.00 from the share or amount that would otherwise be paid under said will to Forest Varner.
And that said sum of $600.00 heretofore advanced to said Forest Varner be accounted for as such in the distribution of my estate.
Signed, sealed, declared and published by Miss Joe Varner, as her Codical to her last will and testament, in the presence of us the undersigned, who subscribed our names hereto in the presence of said testatrix, after she signed her name thereto and at her special instance and request and in the presence of each other.
This the 21st day of September 1928 Miss Joe Varner (L.S.) Testatrix

Witness: C.L. Redman R.W. Watkins R.P. Sasnett

'~ill with Codical Probated in Solemn Form, January term, Jan. 7-1929'.' J .H. Ham, Ordinary.

GENEALOGICAL INFORMATION CONCERNING THE VARNER FAMILY (Courtesy of Paul J. Varner)

HUSBAND Edward Varner

BORN November 4 1790 PLACE DEATH February 19, 1869 PLACE Milledgeville, Ga.

BURIED Milledgeville, Ga.
FATHER Frederick Varner MOTHER
MARRIED TO: ( 1) Emma Dent DATE October 30, .1810 d. March 20, 1822
PLACE
(2) Cynthia H. Fitzpatrick DATE July 6, 1823

PLACE Jasper County, Ga.

BORN

Sam Early

2 21 1820 3/25/1816

Frederick Augustu 3/1/1822

Ann(?) Eliza

10/5/1817

DIED

WHERE DIED

10/1/1818

Andrew Jefferson Jefferson Monroe Clinton Lafayette Mary Josephine John Clarke Cynthia Amahda Narcissa Josephin
- -- - ---- -- --- -

( 2)
WIFE Cynthia H. Fitzpatrick

BORN February 15, 1798 PLACE Greene County, Ga. DEATH December 15. 1882 PLACE Indian Springs, Ga. BURIED Indian Springs, Ga.

FATHER Rene Fitzpatrick MOTHER Mollie Hardwick

MARRIED

PLACE

FATHER Birth
Death MOTHER Birth Death

Place Place
Place

Place Place

WHEN MARRIED

WHERE MARRIED

MARRIED TO

--

. - --- - ---- ----

--

HUSBAND Clinton L. Varner

BORN November 20, 1827 PLACE Jasper County, Ga.

DEATH July 19, 1881

PLACE Chattanooga, Tenn.

BURIED
------------------------~--------~-------------

FATHER

MOTHER

MARRIED TO:

Ann Gray

DATE March 13, 1855 PLACE Butts County, Ga.

DATE

PLACE

BORN

Franklin L. Andrew Jackson Julia F. Malvern Hill

12/23/1855 9/14/1858 2/11/1861 7/11/1864

Forrest G. Paul H. Robert Lee

7/14/1866 7/17/1868 11/1/1870

DIED
9/26/1856 9/18/1882 8/3/1927 9/14/1865 4/29/1950 1900 1/5/1908

WHERE DIED

WIFE Ann Gray
BORN
DEATH
BURIED
FATHER
MARRIED FATHER Birth Death
MQIHER
Birth Death
WHEN MARRIED

PLACE PLACE

MOTHER PLACE

Place Place

Place

Place Place

WHERE MARRIED

MARRIED TO

.

HUSBAND Forrest G. Varner

BORN July 14, 1866 DEATH April 29, 1950

PLACE near Cuthbert Ga . PLACE Indian Springs

-B-U-R-I-ED-------------------------------------------------
FATHER Clinton L. Varner MOTHER Ann Gray

MARRIED TO: Annie Eliza Killebrew
DATE July 25, 1894

PLACE Montezuma, Ga.

DATE._________________________

rl-fTT"DRF.N Leon Gray Lois Christine Mary Cornell Paul Ja.mes Earl Morgan Milton Osborne

PLACE

BORN
9/21/1895 4/17/1898 10/19/1900 3/15/1902 11/26/1904 4/29/1907

DIED
2/24/1902 10/3/1901
2/17/1975

WHERE DIED

WIFE Annie Eliza Killebrew

BORN

PLACE

DEATH

PLACE

BURIED FATHER

MOTHER

MARRIED
FATHER Birth Death
MOIHER
Birth Death

PLACE

Place Place
Place

Place Place

WHEN MARRIED

WHERE MARRIED

MARRIED TO
'

____ _ __ ......

- ----

- - -- - --

- - : : - --

i
;
HUSBAND Paul J. Varner

BORN March 15, 1902

PLACE Byron, Houston County, Ga.

DEATH February 17, 1975 PLACE

WIFE Minnie Lee Herrington

BORN

PLACE

DEATH

PLACE

BURIED
----- ---------------------~-------------------------------
FATHER Forrest G. Varner MOTHER Annie Eliza Killebrew
MARRIED TO: Minnie Lee Herrington DATE January 23, 1937 PLACE Savannah, Ga.
DATE--------~--------------PLACE

BURIED
FATHER
MARRIED
FATHER Birth Death
MOIHER
Birth Death

MOTHER PLACE

Place Place
Place

Place Place

Roger Gray Frances Lee

BORN 8/30/1946 2/1/1942

DIED 1/9/1966

WHERE DIED

WHEN MARRIED
.

WHERE MARRIED

MARRIED TO
James c. Roberts

.
>

-- - -

VARNER'S HOTEL,
India.nBpring, .... .. ...... ' ..... :1859.
E. VARNER, Proprietor.
Soup.
BOILED CORN BEEF AND CABB.\GE, .BOILED HAM, . BOILEDL.\MB, .- BOlL:ED. QIJICKBN';
- -~~.........,....,.... ........,.._;., .....,.._;.,_, _..._,,.,,,...._....... "-"'..........._"""'''-r-......,.;,.""'"''""-"- , .......... .._......,..._........_,..... ....,..,.,. ...,,..~................._.... "'_"""'........."-"'...-.....y' "'~
Veg;et:ablos.
IRISH - POTATOE~, TQM ATOES,
;BEETS, CABBAGE. OKR.-\. ONIONS, CUCUMBERS.

.no..AS.,Tlm-BXESE'Ff'.tAIYB;
ROAST PIG, ROAST CHICKEN.
Pas-try and Frui-ts,

Each

'V.aitet: ~~

furnis -

.~-~ . ,~

h_;e: d

with -

a .

Card

and

Pencil.

l1 ri~inal Bill of Fare of Varner's Hotel, 1859. Gift of Paul J. Varner.