Washington
22 Apl [April] 1821.
Sir,
I have the honor to inform you that on yesterday morning, the Senate passed finally on the new Treaty with the Creeks made, at this place in
January last, with the supplemental article [unclear text: through ] . Altho [Although] it is not perfectly certain that [unclear text: all ] the lands in Georgia, [deleted text: [illegible text] ] occupied by the Creeks are thereby ceded, yet I am, & for many [unclear text: weeks ] have [added text: been ] under the belief, that when the line between Georgia & Alabama comes to be [unclear text: run ], it will be found that Georgia has acquired all she has a right to claim -- This uncertainty results from a want of correct information as to the true [unclear text: course ] of the Chatahoochee [added text: from Buzd. [Buzzard] roost ] to Fort Mitchell, & [deleted text: [illegible text] ] of the [unclear text: bend ] of the river at which the line is to commence -- such being my opinion (& I formed it from every source of information to which I could [unclear text: resort ] here) I could [illegible text] say that all [unclear text: was ] not [unclear text: ceded ] It however makes but little difference, because if all is not acquired in Georgia by the new Treaty, that was [added text: acquired ] by that of Indian Springs [unclear text: [edge of document: without ] ] a doubt can [illegible text] (such was the almost universal impression in Senate as far as I could collect opinion) but that any court in the United States [unclear text: must ] sustain the claims of the State under the [deleted text: [illegible text] ] treaty of Indian Springs --
Inclosed [Enclosed] I send you the [unclear text: Prsdts [President's] ] message the report of Secry [Secretary] of War, & the Treaty -- These [unclear text: were ] all the documents before Senate -- Col. King made a call for the [illegible text] collected to impeach the Treaty. The Senate, however, would not [added text: sustain ] [deleted text: [unclear text: vote ] ] [deleted text: the case ] [added text: it ] My colleagues & myself voted against the [unclear text: case ] upon the grounds that so far as regarded the validity of the Treaty, that evidence was [unclear text: ex poste ] in as much as it was collected on the charge against the [unclear text: agent ] & not on the Treaty, & that so far as [illegible text] the Treaty, with Georgia & the [unclear text: Commissioners ] had no notion of its being taken, or informed that it would be [unclear text: authentic ] . We [unclear text: were ] however perfectly willing [unclear text: around ] in Senate that the validity of the Treaty should be [unclear text: inquired into ] in Senate & to [illegible text] & [illegible text] to be [unclear text: such ] .
After the signing of the Treaty & before ratification we made divers efforts to procure modifications which would [unclear text: quiet ] with certainty the claims of Georgia, & make more ample provisions for the [unclear text: comfort ] & removal of the McIntosh Indians. The supplemental article is the only one procured, & that is not what we wished -- But this was all we could [deleted text: [illegible text] ] [added text: do ] . After that was signed I submitted to the [unclear text: president ] a [unclear text: project ] of a Treaty which if is [unclear text: made and ] agreed to I [unclear text: should have ] voted for. After consideration however, the [unclear text: Presd [President] declined ] submitting it to the Indians.
In Senate, our first [unclear text: offer ] was to amend the first article by substituting [illegible text] declaring that neither party should [unclear text: of the other ] The mention of the Treaty of Indian Springs, [unclear text: further ] than the same was already [illegible text] . This [deleted text: [illegible text] ] [added text: [unclear text: avoided ] ] the [unclear text: positive declaration ] that [deleted text: [unclear text: it ] ] the Treaty of Indian Springs was void . [deleted text: [illegible text] ] [illegible text] however many [unclear text: senators ] declaring that it was in effect the same thing. We [illegible text] received further questions [unclear text: about ] boundary, because of our not knowing with certainty whether all the lands in Georgia, were or were not acquired. & Finally by way of a proviso to the resolution of ratification [unclear text: endeavored ] to [unclear text: secure ] advantages to the friendly Indians which would have been satisfactory to them. This proviso was offered & ably supported by Judge White of Tennessee [illegible text] whose [unclear text: exertions ] for the Interests of Georgia, throughout the business. I feel greatly indebted. It was rejected on the final vote, with my colleague & myself having full faith in the validity of the Treaty of Indian Springs, & consequently [unclear text: that it ] ought not to be set aside, nay, that constitutionally it [unclear text: could not be annulled ], & believing that sufficient provision was not made [unclear text: for ] the McIntosh indians, who had suffered [unclear text: so ] much, we voted against the ratifications of the Treaty. It is submitted to my [unclear text: constituents ] whether I voted right or wrong.
I will [illegible text] transmit to you a copy of the journal of Senate as soon as I can. My family misfortunes will induce me to return home in a few days -- I shall bring with me all the correspondence to do with the department on the subject. The President has promised to recommend that more ample provision be made for the friendly Indians by [deleted text: [unclear text: vote ] ] act of Congress. The [illegible text] corrections are [illegible text] & [illegible text] treated. I cannot stay to vote on this measure.

I am, your, with great respect your Obt. Sevt.
[Signed] Thos. [Thomas] W Cobb
P. S. The indisposition of Mrs. Berrien has prevented me from writing to you this morning. Tomorrow I hope to be able to do so. It is the less important, as Mr. Cobbs statement will sufficiently advise you of the State of this affair .
[Signed] Jn. [John] MacPherson Berrien His Excellency Geo [George] M Troup