Page: [1]

(Copy)

Washington -- Brown's Hotel
16th Dec. 1825

[unclear text: Hon ble ] [Honorable]
Secretary of War
Friend & Brother
Yours of the 13th in reply to our of the 10th has been perused with attention. The motives of an Interview we requested, and which is declined by our father, on the ground of inconsistency to usage, were, to show the General Government that we were not afraid to speak our sentiments in the face of day.
The time approaches, when the merits of a Treaty, so called, are to be discussed, the issue of which is, in the highest degree interesting to our nation. A nation wealthy, powerful, and enlightened, as yours, and whose influence is felt beyond the expanse of Big -- Waters, we believe will not suffer itself to yield to interested [unclear text: clamour ], and knowingly decide to the prejudice of the Creek Nation. As characters will be canvassed and as politics seem to be involved, we hope, that in the war of words, the great men will not forget the infant object that gave rise to discussion and unconsciously trample its interests underfoot.
The Creek Nation has held many Treaties at different times and at different places. Never have they disputed a bargain legally made, or have been guilty of prevarication. Many years ago, the immortal Washington and Alexander McGillavry


Page: [2]
and certain Chiefs of our nation shook hands and made peace at New York. The talk received from that great man, in which he promised that the U.S. would treat the Muscogees as children -- protect them from intrusion, and respect their boundaries as they should be defined by Treaties -- that as long as they conducted well, peace and protection should be their portion, until the Great Spirit saw cause to destroy the world, either by the elements of water or fire, when boundaries and landmarks should cease in general oblivion. This talk has been kept by the proper authorities of our nation to this day.
From foreign Emissaries and superstitious fanaticism, a part of our citizens became hostile, and painted themselves red. Our head Chiefs, the little Prince and the Big Warrior with their warriors, adhered to good talks and assisted General Jackson to conquer this deluded people -- and at Fort Jackson in
1814 entered into a Treaty with the General, when peace was proclaimed, boundaries prescribed and protection promised. He told our Chiefs to surrender land and permit the U. States to populate the Country all around us, and as we had been faithful friends to the President, we should hereafter live in peace as he would keep at a distance the bad people from over the Big Water -- that his friends the Creeks should sleep in security, and awake in peace -- Our talks to the U. States have been


Page: [3]
scrupulously observed and fulfilled and the United States have also walked in the white path of truth.
They are now soon to tell the world, whether they still intend to respect Treaties, even with the least of their allies. The nature of Treaties is sacred and for trivial reasons should not be subject to reinvestigation. In the present instance, the Creek nation declares the treaty of McIntosh and certain Indians and the United States Commissioners at the Indian Springs on the
12th February last to be counterfeit and affected contrary to usage and justice. A few questions may not be amiss to insert here by way of illustration and let the inferences be drawn agreeable to the dictates of candor and impartiality.
Were Duncan G. Campbell & James Meriwether instructed by the President to treat for lands with McIntosh and his party, or were they sent to the Creek nation at the head of which were the Little Prince and the Big Warrior?
Were not the Commissioners at Broken Arrow met by a vast body of chiefs and then told the Nation had no land to sell?
Was it right after the sense of the nation was then given to appoint a meeting within the Jurisdiction of Georgia, and that at short notice?
After a meeting was so convened & the authorized Chiefs dissented and invited the Commissioners within


Page: [4]
the Nation if they had any communications to make, to treat with the Nation, was it reasonable to hold intercourse with unauthorized individuals?
After the [added text (appears to be different ink): Chiefs ] of the Nation were recalled and obeyed the summons, if they were chiefs of low grade as the Commissioners say, what object had they in sending the indefatigable Col. Williamson "to pursue and try to induce them to come back?"
When all were gone except McIntosh and his party, what right had the Commissioners to pronounce the Council to be a legal one and the soil [unclear text: still ] represented -- and could such a delegation make it a lawful Council?
If McIntosh and his party were the reigning authority of the Nation and he an Idol of the Nation, why did the Commissioners promise him protection in the Treaty?
If a loaded gun was not in the corner and a [unclear text: roap [rope] ] suspended over McIntosh's head, and if this law was unknown to the Georgians why did Gov. Troup for purposes of intimidation send his aid Col. Lamar to our Head Chiefs to tell us, that if we did any harm to McIntosh or his friends he would pursue us for full satisfaction, as if the same had been done to the people of Georgia?
Are not all nations entitled to support and interpret their own laws and punish their own citizens agreeable to those laws?


Page: [5]
And had not the Creek nation a right to execute an outlaw, who like McIntosh had rendered himself such and would not the United States, for a less offence hang a Traitor?
Could the compact of
1802 between the U. States and Georgia specifying that the Indian Title to lands should be extinguished on "reasonable and peaceable conditions" excuse an officer in departing from instructions to effect a Treaty calculated to injure a Nation?
Would such a treaty stand, made by a Nobleman of France or Britain unauthorized either by a written or verbal power and would it be insisted upon as lawful, on the ground that he had once with others been invested with Diplomatic powers? and would it not be more consonant to the magnanimity of a Great Nation to render justice to the weak than to oppress them?
As the Creek nation has refused to receive a dollar of the money, stipulated to be paid in that Treaty, what excuse can the Congress of the U. States make to itself in confirming a bargain which our nation has not sanctioned and for which they have not value received?
We do not expect answers in detail to the above questions, but it is our wish that upon these principles Congress should decide. The leading principles of Justice in all nations will teach all Councils,


Page: [6]
that to keep clear of error, to decide for the afflicted nation, as they would wish to be treated, were they in like circumstances.
Our nation respectfully demands the repeal of the Treaty of the Indian Springs in February last.
In doing this sufficient reasons are assigned and none stronger, to be found on earth than the [added text (appears to be different ink): fact ] [deleted text: [unclear text: first ] ], that our Nation, in its legal capacity was not a party to the Treaty, and that they have refused to ratify a bargain calculated to annihilate the happiness of our people.
In our first letters, in the spirit of reconciliation and loyalty to the U. States, we agreed to surrender all the land East of the Chatahoochee River. This ought to convince the General Government that we are not incapable of reciprocating in proportion to our ability the liberality of the U. States.
Further concessions cannot be made and after the reasons first assigned, more, you cannot well demand. We now appeal to the magnanimity of the United States. We have travelled a long road to perform this duty. It is ordained by the great creator that we are so reduced as to be dependent on your power and mercy: and if, in the [added text (appears to be different ink): hugeness ] [deleted text: largeness ] of strength [added text (appears to be different ink): you determine ] [deleted text: your determination ] to decide by power, and not by right, we shall return to our friends and live there untill [until] you take possession of the Country. Then shall we beg bread


Page: [7]
from the whites, and live the life of vagabonds on the soil of our progenitors.
We shall not touch a cent of money for our lands, they forced from our hands and not a drop of white mans blood will we spill. And as fast as we are knocked in the head, the throats of our wives and children are cut, by the first tide of population that know no law, we will then afford the United States a spectacle of emigration, which we hope may be to a country, prepared by the Great Spirit for the honest and unfortunate Indians.

We are your friends & Brothers.

[Signed] Apothle -- Yoholo his X mark
[Signed] John [unclear text: Stidham ] X
[Signed] Mad Wolf X
[Signed] Yoholo Mico X
[Signed] Meno Wee X
[Signed] Tus hee -- Kee -- Tustenuggee X
[Signed] Selocta X
[Signed] Tim poochy -- Barnard X
[Signed] Apauli -- Tustenuggee X
[Signed] Charles Cornnell X
[Signed] Coosa Tustenuggee X
[Signed] Nehathu -- Hopie X
[Signed] Ledagi X

[Signed] John Ridge Secy. [Secretary] Creek delegation
[Signed] David Vann [unclear text: Do [Ditto] ]
[Signed] Wm. [William] Hambly -- [unclear text: P.J. ]





Page: [8]

Creek &c. [et cetera] to Secy [Secretary] of War