[Extract from] United States Senate [proceedings], 1826 Jan. 31 [to] 1826 Apr. 21, Washington

Collection:
Southeastern Native American Documents, 1730-1842
Title:
[Extract from] United States Senate [proceedings], 1826 Jan. 31 [to] 1826 Apr. 21, Washington
Date of Original:
1826-01-31/1826-04-21
Subject:
Creek Indians--Treaties
United States--Politics and government--1825-1829
Location:
United States, Georgia, 32.75042, -83.50018
Medium:
legal documents
Type:
Text
Format:
text/html
image/jpeg
Description:
Extract from United States Senate proceedings between January 31, 1826 and April 21, 1826 pertaining to the Treaty of Indian Springs signed in 1825 by General William McIntosh and others. Proceedings examine the validity of the treaty, specifically some Creeks' contention that McIntosh was not a legitimate representative of the Creek Nation. U.S. President John Quincy Adams presents his opinions and recommendations.
Digital image of original manuscript, scanned by the University of Georgia Libraries in 2000, as part of GALILEO, funded in part by a grant from the Institute of Museum and Library Services.
Local Identifier:
tcc123
Metadata URL:
https://dlg.usg.edu/record/dlg_zlna_tcc123
Digital Object URL:
https://dlg.usg.edu/record/dlg_zlna_tcc123#item
IIIF manifest:
https://dlg.usg.edu/record/dlg_zlna_tcc123/presentation/manifest.json
Language:
eng
Bibliographic Citation (Cite As):
Cite as: [title of item], Telamon Cuyler, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, presented in the Digital Library of Georgia
Extent:
20 pages/leaves
Original Collection:
Manuscript held by the Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, Telamon Cuyler, box 77, folder 24, document 01.
Holding Institution:
Hargrett Library
Rights:
Rights Statement information

In the Senate of the United States Tuesday,
January 31, 1826.

The following message was received from the President of the United States, by Mr. John Adams Jr:


To the Senate of the United States
Washington,
Jany. [January] 31, 1826.
I transmit herewith to the Senate, for their consideration [added text (appears to be in different hand): and advice ] with regard to its ratification, a Treaty concluded by the Secretary of War, duly authorized thereto, with the chiefs and head men of the Creek Nation, deputed by them, and now in their city.
It has been agreed upon, and is presented to the consideration of the Senate as a substitute for the treaty signed at the Indian Springs on the
12th of February last . The circumstances under which this received your advice and consent to its ratification, on the
3rd of March last are known to you. It was transmitted to me from the Senate on the
5th 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 United States, and on the Express statements in the letter of one of them to the then Secretary 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 victims to the exasperation of the great mass of the nation, and their families and dependents far from being able to execute the engagement on their part, fled for life safety and subsistence from the territories which they had assumed to cede, to our own. Yet in the fugitive condition, and while subsisting on the bounty of the United States, they have been found advancing pretentions [pretensions] to receive exclusively to themselves the whole of the sum stipulated by the commissioners of the United States in payment for all the lands of the Creek Nation, which were ceded by the terms of the treaty. And they have claimed the stipulation of the Eighth article that the United States would " protect the Emigrating party against the encroachment, hostility and impositions of the whites, and of all others", as an engagement by which the United States were bound to become the instruments of their vengeance, and to inflict upon the majority of the Creek Nation the punishment of Indian retribution, to gratify the vindictive fury of an impotent and helpless minority of their own tribe.
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 United States were or could be bound by it I have been anxiously desirous of carrying it into execution. But, like other treaties its fulfillment depends upon the will not of one but of both the 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 part of the Treaty the United States are absolved from [added text (Appears to be in different hand): all ] its engagements on their part; and the alternative left them is either to resort to measures of War, to secure by force the advantage stipulated to them, in the treaty or to attempt the adjustment of the interest by a new compact. In the preference dictated by the nature of our [deleted text: [unclear text: political ] ] institutions, and by the sentiments of justice and humanity which the occasion requires for measures of peace, the treaty herewith transmitted has been concluded, and is submitted to the decision of the Senate. After -- exhausting every effort in our power to obtain the acquiescence of the Creek Nation to the treaty of the
12th of Feby. [February] I entertained for some time the hope that their assent might at least have been given to a new treaty, by which all their lands within the State of Georgia should have been ceded. This has also proved impracticable; and altho' [although] the excepted portion is of comparatively small amount and importance, I have assented to its exception so far as to place it before the Senate only from a conviction that between it and a resort to the forcible Expulsion of the Creeks from their habitations and lands within the State of Georgia, there was no middle term.
The deputation with which the treaty has been concluded consists of the principal chiefs of the nation able not only to negotiate but to carry into effect the Stipulations to which they have agreed. There is a deputation also here from the small party which undertook to contract for the whole nation at the treaty of the
12th of Feby. [February] but the number of which, according to the information collected by General Gaines does not exceed four hundred. They represent themselves indeed to be far more numerous; but whatever their number may be their interests have been provided for by the Treaty now submitted. Their subscriptions to it would also have been received but for unreasonable pretensions raised by them, after all the arrangements of the treaty had been agreed upon and it was actually signed. Whatever their merits may have been, in the facility with which they ceded all the lands of their nation within the State of Georgia, their utter inability to perform the Engagements which they so so [so] readily contracted, and the exorbitancy of their demands when compared with the inefficacy of their own means of performance leave them with no claims upon the United States other than of impartial and rigorous justice.
In referring to the impressions under which I ratified the treaty of the
12th of February last, I do not deem it necessary to decide upon the propriety of the manner in which it was negotiated. Deeply regretting the criminations and recriminations to which these events have given rise, I believe the public interest will best be consulted by discarding them altogether from the discussion of the subject. The great body of the Creek Nation inflexibly refuses to -- acknowledge or to execute the treaty. Upon this ground it will be set aside should the Senate advise and consent to the ratification of that now communicated without looking back at the means by which the other was effected. And in the adjustment of the terms of the present treaty I have been particularly anxious to dispense a measure of great liberality to both [deleted text: the [unclear text: Creek ] ] parties of the Creek Nation, rather than to extort from them a bargain of which the advantages on our part could only be purchased by hardship on theirs

[Signed] John Quincy Adams
The message, treaty, and the accompanying documents were read.

On motion,
The said treaty was read the second time by unanimous consent, and considered as in committee of the whole; and
On motion by Mr. Benton,
Ordered, That it be referred to the Committee on Indian Affairs to consider and report thereon, and be printed in confidence for the use of the members.

Friday
March 17, 1826

Mr. Benton from the Committee on Indian Affairs, to whom was referred, on the
thirty first January the Treaty with the Creek Indians, made the following Report:

The Committee on Indian Affairs to which was referred the President's Message of
January 31, 1826, accompanied by the treaty made at the city of Washington on the
24th of the same month, between the Secretary of War and the Chiefs and head men of the Creek Nation, on the part of said Nation --

Report:
That they have had the said message and treaty under consideration; also the Memorial and resolution of the Legislature of Georgia, which was referred to the committee by the order of the Senate, on the
Eighth day of February last;also the message of the Governor of the State of Alabama and the resolutions of the legislature of said state, which were, in like manner referred to the committee on the seventh day of the same last mentioned month; and recommend the adoption of the following resolution:
"Resolved, that the Senate do not advise and consent to the [deleted text: adoption ] ratification of the treaty made at Washington the
24th of February 1826,between the Secretary of War, on the part of the United States, and the Chiefs and Head Men of the Creek Nation, on the part of said Nation."
The Report was read.


Tuesday March 21st 1826.

Mr. Edwards submitted the following motion for consideration.

Resolved, That the President be requested to communicate to the Senate such evidence as may be in his possession tending to show that the persons who signed the treaty of the
12th of February 1825,on the part of the Creek Nation, had no sufficient authority to form treaties, or make cessions of the lands of that nation.


Friday March 31 1826.

The following message was received from the President of the United States by Mr. John Adams Jr.

To the Senate of the United States:
Washington
31: March 1826
I communicate to the Senate, herewith, a supplementary Article to the [deleted text: [unclear text: Creek ] ] Treaty, with the Chiefs and Head men of the Creek Nation, in behalf of that Nation, which was transmitted to the Senate on the
thirty first of January last;and which I submit together with, and as a part of that Treaty, for the -- Constitutional advice of the Senate with regard to its ratification. A report of the Secretary of War accompanies the Article setting forth the reason, for which it has been concluded.

[Signed] John Quincy Adams. The message was read.

The separate Article, therein referred to, was read twice by unanimous consent.

Ordered, That it be referred, with the Creek Treaty communicated on the
31st January,to the committee on Indian Affairs, and be printed in confidence for the use of the Members.

Tuesday
April 4th 1826.

Mr. Benton, from the committee on Indian Affairs, to whom was [deleted text: [unclear text: granted ] ] referred the Treaty with the Creek Indians with the supplementary Article thereto, reported the same without amendment.
The Senate proceeded to consider the said Treaty, as in committee of the whole: and
Amendment, being proposed by Mr. Berrien:
On motion The Senate adjourned

Thursday
April 6, 1826

The Senate resumed the consideration of the Treaty with the Creek Indian; with the Amendments proposed thereto: and after debate
On motion by Mr. Berrien,
That it be on the table
It was determined in the affirmative,
year 25, May 14.
On motion by Mr. Branch,
The yeas & nays being desired by one fifth of the Senators present, those who voted in the affirmative are
Mr. Berrien,
Chandler,
Cobb,
Eaton,
Harrison,
Hayne
Henricks
Holmes,
Johnston of Loua.
Kane
King,
Lloyd,
Macon,
Mr. Noble
Reed
Rowan
Ruggles,
Seymour
Smith,
Tazewell
Thomas,
Van Buren,
White,
Williams,
Woodbury.

Those who voted in the negative are
Mr. Barton,
Benton,
Branch,
Mr. Chase
Clayton
Dickenson Mr. Edwards
Findlay
Harper,
Johnson Ky.
Mr. Marks
Robbins,
Sanford
Willey.

Mr. Berrien submitted the following motion for consideration which was read and ordered to be printed in confidence for the use of the members.

Resolved,

That the Senate of the United States having had the Treaty lately concluded with a deputation of Creek Indians now at the seat of government under consideration, together with the treaty supplemental thereto, and being exceedingly desirous that the difference subsisting between the United States and the Creek Nation of Indians should be amicably adjusted and settled do advise and request the President of the United States to endeavor to conclude with the [deleted text: [unclear text: stated ] ] deputations here the following additional Supplemental Articles:
1. So to arrange it, as that the Entire lands owned by the Creek Nation of the Indians in the limits of Georgia be ceded absolutely and certainly, agreeably to the terms of cession of Georgia to the United States, on such further consideration as may be deemed proper.
2. That the sum of thirty thousand dollars for each one thousand persons of said Creek Nation be paid, who, within -- months from the ratification of the treaty shall signify their disposition to the agent to emigrate to the West of the Mississippi, [added text: and ] who shall accordingly carry said design into execution, within a reasonable time thereafter.
3. The United States to support each of the said emigrants for -- months after their arrival at the point of destination; -- months notice of their intention to emigrate being given to the United States through their agents; to pay for supplies furnished the McIntosh party since the death of the General; proper vouchers for the same being produced; and to give to each male emigrant over the age of sixteen years a rifle gun and ammunition, butcher knife and a camp kettle; and to pay for the value of all improvements, left by any emigrant which add to the real value of the land, to be ascertained by a Commissioner to be appointed by the President.
4. To stipulate that the exploring party provided for in the Treaty shall be accompanied by an Agent, who shall be acceptable to them and to be appointed by the President and after the return of said agent herein provided for, and after his report to the Secretary of War, the President of the United States shall forthwith grant to such agent a special commission authorizing him to repair to the Creek Nation, there to open a book of registry, in which shall be inserted the names of all persons willing to emigrate to the country, which shall have been determined upon, of which due and public notice shall be given throughout all the Creek Nation. The friends and followers of the late General McIntosh shall have free access to the several Towns, and to all parts of the Creek Nation, under the protection of the said Special Agent for the purpose of inducing their friends throughout the nation to join them in their emigration and all persons desirous of emigrating shall be at full liberty to do so, without hindrance or molestation from those who remain and the resident agent of the United States shall be instructed to give them all necessary aid; and the said special agent shall accompany them in their emigration.
5. That the first article be modified so as to read, after "twenty five", in the 6th line, -- -- "Shall not be required to be executed by either party farther than the annuities of $200 per annum be paid to each of the wives and daughters of the Indian Chief General William McIntosh, to the wife of Samuel Hawkins, a half breed deceased, and to the wife of the Indian Chief Etomme Tustennuggee

A motion was made by Mr. King that the Senate proceed [unclear text: to ] the consideration of the motion submitted by Mr. Edwards on the
21st March, in relation to the Creek Treaty. Whereupon,
Mr. Edwards [unclear text: had ] have to withdraw his motion.
Mr. King submitted the following motion for consideration:

Resolved, that the President of the United States be requested to lay before the Senate the treaty made with the Creek Nation [added text: of Indians ] on the
twelfth day of February 1825, with such evidence as may be in his possession tending to show that the said treaty was not signed by persons competent to make a treaty, or that it is not now binding on the parties, or ought not to be carried into effect.

The Senate proceeded to consider the motion: and
On the question to agree thereto
It was determined in the negative yeas 9, nays 26.
On motion by Mr. King,
The yeas & nays being desired by one fifth of the Senators present, those who voted in the affirmative are:
Mr. Branch,
Eaton,
Edwards,
Hayne,
Kane
Mr. King,
Macon,
Reed
Smith.

Those who voted in the negative are
Mr. Barton
Benton,
Barrien,
Bouligny,
Chandler,
Chase,
Cobb
Dickerson,
Findlay,
Mr. Harper
Harrison,
Hendricks,
Johnson Ky
Johnston La.
Marks
Noble
Robbins
Rowan Mr. Sanford
Seymour,
Tazewell,
Thomas
Mr. Van Buren
White,
Williams,
Woodbury.
[deleted text: [unclear text: As the motion was not agreed to. ] ]

Monday
April 17th 1826.

The Senate proceeded to consider the motion, submitted by Mr. Berrien on the 6th instant, in relation to the Creek Indians; and
On motion by Mr. King
Ordered that it lie on the table.

Friday
April 21st 1826.

The Senate resumed, as in committee of the whole, the treaty with the Creek Indians, the supplementary Article thereto, with the amendments proposed on the 4th instant.
On motion, by Mr. Berrien, to strike out the first Article, and insert the following -- "The execution of the Treaty concluded at the Indian Springs on the
12th day of February 1825, shall not be further enforced, and the Creek Nation of Indians are hereby released from all obligations to fulfill and execute the same further than the same has already been executed"
The question was put -- "Shall the first Article viz [videlicet] : "The treaty concluded at Indian Springs on the
twelfth day of February 1825,between Commissioners on the part of the United States and the said Creek Nation of Indians, and ratified by the United States on the
7th day of March 1825, is hereby declared to be null and void, to every intent and purpose whatsoever: and every right and claim arising from the same is hereby cancelled and surrendered" -- [unclear text: Stand ] part of the Treaty?
And it was determined in the affirmative yeas 30, nays 8.
Those who voted in the affirmative are
Mr. Barton,
Bell,
Benton,
Bouligny,
Branch,
Chambers,
Chandler,
Chase,
Clayton,
Dickerson,
Eaton,
Edwards,
Findlay,
Hendricks,
Holmes,
Mr. Johnson Ky.
Johnston Loua.
Kane
Knight
Lloyd
Marks,
Mills,
Reed,
Robbins,
Rowan,
Seymour,
Smith,
Tazewell,
Thomas,
Willey.

Those who voted in the negative are
Mr. Berrien,
Cobb,
Harrison,
King,
Mr. Macon,
Van Buren,
White,
Williams.

No amendment being made, the President reported the Treaty to the Senate accordingly.
Mr. Benton submitted the following resolutions:

Resolved, two thirds of the senators present concurring therein, That the Senate advise and consent to the ratifications of the Treaty between the United States and the Creek Nation of Indians concluded at the City of Washington the
24th day of January 1826together with the supplementary Article thereto, dated the
31st day of March 1826.
The Senate proceeded to consider the resolution.
A motion was made by Mr. White to amend the same, by adding to the end thereof the following words -- "provided that an additional article to be inserted between the United States and the friends and followers of the late General McIntosh by their delegation, now in the City of Washington, shall be entered into, containing the following stipulation, by the United States in favor of said friends and followers of the late General McIntosh."
1. That the sum of 30,000 dollars for each one thousand persons of said Creek Nation be paid, who, within -- months from the certification of the Treaty shall signify their disposition to the agent to emigrate to the West of the Mississippi, and who shall accordingly carry said design into execution within a reasonable time thereafter.
2. The United States to support each of said emigrants for -- months after their arrival at the point of destination; -- months' notice of their intention to emigrate being given to the United States through their Agent to pay for supplies furnished the McIntosh party since the death of the General; proper vouchers for the same being produced; and to give to each male emigrant, over the age of sixteen years a rifle-gun and ammunition butcher knife and a camp Kettle, and to pay for the value of all improvements left by any Emigrant, which add to the real value of the land to be ascertained by a Commissioner to be appointed by the President.
3. To Stipulate that the exploring party provided for in the Treaty shall be accompanied by an Agent who shall be acceptable to them, and to be -- appointed by the President: and after the return of the said Agent herein provided for, and after his report to the Secretary of War, the President of the United States shall forthwith grant to such agent a special commission authorizing him to repair to the Creek Nation, there to open a book of registry, in which shall be inserted the names of all persons willing to emigrate to the country which shall have been determined upon, of which due and public notice shall be given throughout all the Creek Nation. The friends and followers of the late General McIntosh shall have free access to the several towns, and to all parts of the Creek Nations, under the protection of the said special agents, for the purpose of inducing their friends throughout the Nation to join them in their emigration and all persons desirous of emigrating shall be at full liberty to do so, without hindrance or motivation from those who remain, and the resident agents of the United States shall be instructed to give them all accessory aid; and the said special agent shall accompany them in their emigration."

On the question to agree thereto

It was determined in the negative, yeas 9, nays 25.
Those who voted in the affirmative are
Mr. Berrien,
Cobb,
Harrison,
Hayne,
King,
Mr. Noble,
Tazewell,
White,
Williams.

Those who voted in the negative are
Mr. Barton
Bell,
Benton,
Bouligny,
Branch,
Chambers,
Chandler,
Chase,
Clayton,
Eaton,
Edwards,
Findlay,
Harper,
Mr. Hendricks
Johnson Ky.
Kane,
Lloyd,
Macon,
Marks,
Mills,
Rowan,
Seymour,
Smith,
Thomas,
Willey.

On the question to agree to the resolution:
It was determined in the affirmative: yeas 30, nays 4.
Those who voted in the affirmative are
Mr. Barton,
Bell,
Benton,
Bouligny,
Branch,
Chambers,
Chandler,
Chase,
Clayton,
Dickerson,
Eaton,
Edwards,
Findlay,
Harper,
Harrison,
Mr. Hendricks
Johnson Ky
Kane
Lloyd
Marks,
Mills,
Noble,
Randolph,
Reed,
Rowan,
Seymour,
Smith,
Tazewell,
Thomas,
Willey.

Those who voted in the negative are
Mr. Berrien,
Cobb,
Hayne,
King,
Mr. Macon,
White,
Williams.

Ordered, That the Secretary lay the said resolution before the President of the United States.
On motion by Mr. Cobb,
Ordered, That the injunction of secrecy be removed from the Presidents message of
31st January,transmitting a Treaty with the Creek Indians; the message of
31st March,transmitting a supplementary Article; the documents accompanying the same; and the proceedings of the Senate thereon.
A true extract from the Executive Record.
Attest,
[Signed] Walter Lowrie Secretary of the Senate [deleted text: Secy [Secretary] ]



Treaties

1826
Creeks

Locations