A Compilation of the Messages and Papers of the Presidents | Page 3

do full justice to the Cherokees.
"The distance of the Choctaws and Chickesaws from the frontier settlements seems to have prevented those tribes from being involved in similar difficulties with the Cherokees.
"The commissioners may be instructed to transmit messages to the said tribes containing assurances of the continuance of the friendship of the United States and that measures will soon be taken for extending a trade to them agreeably to the treaties of Hopewell. The commissioners may also be directed to report a plan for the execution of the said treaties respecting trade.
"But the case of the Creek Nation is of the highest importance and requires an immediate decision. The cause of the hostilities between Georgia and the Creeks is stated to be a difference in judgment concerning three treaties made between the said parties, to wit, at Augusta in 1783, at Galphinton in 1785, and at Shoulderbone in 1786. The State of Georgia asserts and the Creeks deny the validity of the said treaties.
"Hence arises the indispensable necessity of having all the circumstances respecting the said treaties critically investigated by commissioners of the United States, so that the further measures of Government may be formed on a full knowledge of the case.
"In order that the investigation may be conducted with the highest impartiality, it will be proper, in addition to the evidence of the documents in the public possession, that Georgia should be represented at this part of the proposed treaty with the Creek Nation.
"It is, however, to be observed, in any issue of the inquiry, that it would be highly embarrassing to Georgia to relinquish that part of the lands stated to have been ceded by the Creeks lying between the Ogeeche and Oconee rivers, that State having surveyed and divided the same among certain descriptions of its citizens, who settled and planted thereon until dispossessed by the Indians.
"In case, therefore, the issue of the investigation should be unfavorable to the claims of Georgia, the commissioners should be instructed to use their best endeavors to negotiate with the Creeks a solemn conveyance of the said lands to Georgia.
"By the report of the commissioners who were appointed under certain acts of the late Congress by South Carolina and Georgia it appears that they have agreed to meet the Creeks on the 15th of September ensuing. As it is with great difficulty the Indians are collected together at certain seasons of the year, it is important that the above occasion should be embraced if possible on the part of the present Government to form a treaty with the Creeks. As the proposed treaty is of great importance to the future tranquillity of the State of Georgia as well as of the United States, it has been thought proper that it should be conducted on the part of the General Government by Commissioners whose local situations may free them from the imputation of prejudice on this subject.
"As it is necessary that certain principles should be fixed previously to forming instructions for the commissioners, the following questions arising out of the foregoing communications are stated by the President of the United States and the advice of the Senate requested thereon:
"First. In the present state of affairs between North Carolina and the United States will it be proper to take any other measures for redressing the injuries of the Cherokees than the one herein suggested?
"Second. Shall the commissioners be instructed to pursue any other measures respecting the Chickesaws and Choctaws than those herein suggested?
"Third. If the commissioners shall adjudge that the Creek Nation was fully represented at the three treaties with Georgia, and that the cessions of land were obtained with the full understanding and free consent of the acknowledged proprietors, and that the said treaties ought to be considered as just and equitable, in this case shall the commissioners be instructed to insist on a formal renewal and confirmation thereof, and in case of a refusal shall they be instructed to inform the Creeks that the arms of the Union shall be employed to compel them to acknowledge the justice of the said cessions?
"Fourth. But if the commissioners shall adjudge that the said treaties were formed with an inadequate or unauthorized representation of the Creek Nation, or that the treaties were held under circumstances of constraint or unfairness of any sort, so that the United States could not with justice and dignity request or urge a confirmation thereof, in this case shall the commissioners, considering the importance of the Oconee lands to Georgia, be instructed to use their highest exertions to obtain a cession of said lands? If so, shall the commissioners be instructed, if they can not obtain the said cessions on better terms, to offer for the same and for the further great object of attaching the Creeks to the Government