Page: [1]
Fort Mitchell
28th August 1826
We the head men and followers of the late Genl [General] W McIntosh, have Heard in the grand Council Square, [deleted text: Reccievd ] [added text: Rcd [Received] ] and also Have now before us a copy of what is said to be true law of the Creek Nation made by a joint meeting of five Nations the Cherokees Choctaws Chickasaws Creeks and [unclear text: Semmunoles ] twenty two years ago. We have examine them minutely, and do most Solomly [Solemnly] protest against knowing any thing about such a law, & offer the following reasons and argument; to justify our denial We have many aged men amongst us, who State and [deleted text: [illegible text] ] [added text: are ] willing to testify that if such Laws existed they never were declared in any of our Councils with the exception of that part of the law where it says Blood for blood, and should the Town where the law Broker [Breaker] resides fail in mending the law, that [illegible text] the right shall be in any other Town to execute it, according to law. It has been some time [unclear text: useal [usual] ] where men went to execute the law that they took some thing to subsist on, or eat But there never was any law to drive off Horses Negros [Negroes] and take and destroy [deleted text: [illegible text] ] all species of goods; for [document damaged] the light Horse might be very Hungry as is stated in the laws. Such articles: are not [illegible text] ; Therefore we are of an opinion that this law now rendered, has been lately written and only an Evasion to our having justice, we hold a document which justifies in saying there never was such a meeting as five Nations to enter into [deleted text: [illegible text] ] any
Page: [2]
such a law we have heard of four Nations meeting and saying some thing about there being all from one family and that they should live as Brothers &c. [et cetera]
But as for jointly making a law to murder and Rob innocent people of all they Had we cannot [document damaged: believe ] for we have many Witnesses to prove that [unclear text: there ] has many offences committed of Similar grades to the one in question and no such law then existed or if there was, it was not executed nor spoken of for instance since that law was made, There was a Treaty made at Fort Jackson and one or two By D.B. Mitchell equally [illegible text] on our people also a treaty made in
1821 at the same place where this treaty was made, and at this treaty the Little Prince and several others chiefs were present and were conserned [concerned] in taking a bribe of $12000 or [added text: more ] when they had no instructions from the chiefs or Warriors at home this money was put there own use and no part for the use of the Nation therefore we are of an opinion that if such a law as the one before us had been [added text: in ] opperation [operation] at that time it would have been put [added text: in ] execution for the people of the [added text: Creek ] Nation were much aggravated in Consequence of that cessions being made, we have heard of all those Nations which formed this great [deleted text: [unclear text: Council ] ] Convention, of making treaties with the White people, as well as our own Nation. and Such a law never was heard of nor put in execution now it is rearsonabl [reasonable] to believe that if this law had been made as aforesaid that we should have seen some attempts
Page: [3]
to have minding the law when particularly there has been so much fuss amongst our people about the different Sales, for we must believe that in as much as those other Nations who hope [help] make those laws would [added text: have ] [unclear text: hope [help] ] minded them when they were Broken, But in all the treaties and in all the talks and in answers to the White people we never Heard of this law to Kill a man take and Destroy all his property who might propose selling land [deleted text: under this laws ] for every person must believe that under that law should such a one exist, that a treaty never would have been made for the first man infavour [in favor] of Selling land under this laws could [unclear text: never ] be found -- why because death and confistcation [confiscation] of His property and all of his friends property was to [deleted text: be ] take place, this is inconsistant [inconsistent] and not believable -- but the very word of the law which they say is the true law dos [does] not authorised [authorized] the taking of property, it only declars [declares] when a chief should propose selling lands without the consent &c [et cetera], that Guns and Ropes should be there ends but there [unclear text: Stops ], not take property, we are supported By [deleted text: a written ] an article of a written law which has been in opperation [operation] for many years back which go to Say, (as follows) and be it farther enacted is any person or persons should violate the law of the Creek Nation, He [deleted text: should ] shall be punished by the law of the 8th Section of the same code where the offender for the first & second offence [offense] shall be whiped [whipped] ears cut [unclear text: &c [et cetera] ], and for the third death, there shall be one person appointed to commanded the light Horse to punish the violator and he who is appointed to command shall see justice done and not take
Page: [4]
property but punish according to law; this law was call in [deleted text: [added text: [unclear text: question ] ] ] mind and written in consequence of Hawkins [unclear text: Graisons ] Having their property taken from [added text: them ], and as the Nation conseived [conceived] improperly that the law, had been mended by whiping [whipping] of Hawkins and that was sufficient not that his property should be taken from him in order that no such thing should take place again the law was written and promulgated in the square at this place and unanimiously [unanimously] agreed to as for the usages and practice which have been introduced in this law is not in question in the case, for the white people demanded it in the case of the Little warrior; and John Carr who lost his property we have all ways thought he should have received pay for it for he had no [added text: hand ] in the Little warriors Badness, we now Know that, no good people would have ever have passed such an evil law as for an innocent man to suffer, to say because a bad man would call in my house [deleted text: uther ] [deleted text: [added text: whith ] ] [unclear text: Althat ] might be from [unclear text: home ] that I should loose [lose] my House and all [added text: its ] contents, the case of Tustenuggee Chubes and his son [deleted text: not in question ] This was during the war, this man was a Torry [Tory] against us and joind [joined] the British against us and our white Brothers and therefore His property became confiscated and was destroyed by order of the Chiefs and Commanding officer, While we were on a march [deleted text: with ] [added text: in the ] Low country against the enemy. There are many of our claimants that cannot be recognised [recognized] even in the laws which has been introduced as an abiding law it is well known that wifes [wives] daughter & Brothers, own property that has no connection with each other, therefore when one commits a depretation [depredation] or Breaks our laws the other cannot be accountable Testimony will be [unclear text: advoid ] by us to establish and Support what we [unclear text: here ] declares, We shall be as a expeditous [expeditious] as possible in collecting the necessary Testimony to satisfy &c [et cetera], believing that Col Tutt [added text: will ] do every
Page: [5]
justice which we are entitled to [unclear text: We ] this day in Council submit the above for his consideration
(Sign by [unclear text: ex. ] )
[Signed] Chilly McIntosh
his
[Signed] Hathla [unclear text: marta ] Tustenuggee
[Signed] Benjamin X [unclear text: Durizaw ]
[Signed] William X Miller
[Signed] Rowley X McIntosh
[Signed] Hospar X Tocharjo
[Signed] Warlocke X harjo
[Signed] [unclear text: Conip ] X Emarthlo
[Signed] [unclear text: Arpefkar ] X Tustenuggee
[Signed] [unclear text: Arpefkar ] X Tustenuggee marks