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next they shall adduce to the Agent, or some other authorized person to be appointed, proof of his claim and the quantity of it. Sixth; likewise children of the Choctaw Nation residing in the Nation, who have neither father nor mother, a list of which, with satisfactory proof of Parentage and orphanage being filed with the Agent in six months, to be forwarded to the War Department, shall be entitled to a quarter section of Land, to be located under the direction of the President, and with his consent the same may be sold and the proceeds applied to some beneficial for the benefit of said purpose orphans.

ART. 20. The United States agree and stipulate as follows, that for the benefit and advantage of the Choctaw people, and to improve their condition, there shall be educated under the direction of the President and at the expense of the United States, forty Choctaw youths for twenty years. This number shall be kept at school, and as they finish their education, others to supply their places shall be received for the period stated. The United States also agree to erect a Council House for the Nation at some convenient central point, after their people shall be settled; and a House for each Chief, also a Church for each of the Three Districts, to be used also as school houses, until the Nation may conclude to build others; and for these purposes ten thousand dollars shall be appropriated; also fifty thousand dollars (viz) twentyfive hundred dollars annually shall

be given for the support of three teachers of schools for twenty years. Likewise there shall be furnished to the Nation, three Blacksmiths, one for each District, for sixteen years, and a qualified Mill Wright for five years. Also there shall be furnished the following articles, twentyone hundred blankets, to each warrior who emigrates, a rifle, moulds, wipers and ammunition. One thousand axes, ploughs, hoes, wheels and cards each; and four hundred looms. There shall also be furnished one ton of iron and two hundred weight of steel annually to each District for sixteen years.

ART. 21. A few Choctaw Warriors yet survive who marched and fought in the Army with General Wayne, the whole number stated not to exceed twenty.

These it is agreed shall hereafter while they live receive twentyfive dollars a year; a list of them to be early as practicable, and within six months, made out and presented to the Agent to be forwarded to the War Department.

ART. 22. The Chiefs of the Choctaws have suggested that their people are in a state of rapid advancement in education and refinement, and have expressed a solicitude that they might have the privilege of a Delegate on the floor of the House of Representatives extended to them. The Commissioners do not feel, that they can under a treaty stipulation accede to the request, but at their desire, present it in the Treaty, that Congress may consider of and decide the application.

Done and signed and executed

by the Commissioners of the United States and the Chiefs, Captains, and Head Men of the Choctaw Nation, at Dancing Rabbit Creek, this 27th day of September, Eighteen Hundred and Thirty. Certain reservations of land were made for individuals of the tribe who were not willing to remove, and the treaty was then transmitted to the Senate for its sanction. In that body a resolution was made to strike out the preamble, which passed, 11 in favor of the preamble and 32 against it. The treaty was then sanctioned by the Senate, and the President ratified it in the following manner.

Now, therefore, be it known, that I, ANDREW JACKSON, President of the United States of America, having seen and considered said Treaty, do, in pursuance of the advice and con

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GEORGIA AND THE INDIANS.

Executive Department,

Milledgeville, Nov. 20.

I TRANSMIT to both Houses of the General Assembly, copies of a communication received from the War Department, in answer to a letter requesting of the President the withdrawal of the United States troops from the territorry of the State occupied by the Cherokees. The Legislature will perceive in the conduct of the President in this matter, as well as all others, the disposition to

accord to Georgia all her rights. The removal of the United States

troops from the territory occupied by the Cherokees, creates an immediate and pressing necessity for the passage of such laws as may effectually restrain all persons from entering into that territory, for the purpose of taking possession of the public lands, or the taking valuable minerals therefrom, without license from the State.

GEORGE R. GILMER.

Executive Department,

Milledgeville, Oct. 29, 1830.} Sir: By an Act of the Legislature of Georgia, passed at its last session, all the Cherokee territory and the persons occupying it, were subjected to the ordinary jurisdiction of the State, after the 1st of June, then next ensuing. This act has gone into operation. The acknowledgment of the President of the right of the State to pass such an act, renders it unnecessary to say any thing in its justification. The object of this letter is to request the President that the United States troops may be withdrawn from the Indian territory within Georgia. The enforcement of the non-intercourse law within the limits of the State, is considered inconsistent with the rights of jurisdiction which is now exercised by its authorities, and must, if continued, lead to difficulties between the officers of the United States and State Governments, which it is very desirable should be avoided. No doubt is entertained that the object of the President in ordering the United States troops into the Cherokee territory, was the preservation of the peace of the Union. The motive is duly appreciated. The Legislature is now in session. The special object of its meeting is the enforcement of the laws of the State within the Cherokee country, and the punishment of intrusion into it by persons searching for gold. Its powers are amply sufficient for that purpose. As it is expected that the law for the punishment of tresspassers upon the public lands will go into operation

within a few days, the President is therefore requested to withdraw the troops as soon as it can be conveniently done. The conduct of Major Wager has been severe to the gold diggers. In some instances unoffending citizens have been made the subject of punishment, in violation of their rights, and the authority of the State. Complaints have been made to this department, and redress asked for. The removal of the troops is believed to be the most effectual means of preventing the repetition of such injuries. Information has also been received at this department, that the digging for gold is still carried on in various parts of the Cherokee territory, and that the extent of country containing mines is so great, that it is wholly impossible to prevent it by the use of the military alone. It is said that the Indians are even more extensively employed in taking gold than before the arrival of the troops. The fear of the whites had restrained them previously.

The President is assured that

whatever measures may be adopted by the State of Georgia in relation to the Cherokees, the strongest desire will be felt to make them accord with the policy which has been adopted by the present Administration of the General Government.

Very respectfully, &c.

GEORGE R. GILMER.

To the President of the United States.

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letter of 29th of last month, advising him that the Act of the Legislature of Georgia, passed at its last session, subjecting all the Cherokee territory and the persons occupying it to the ordinary jurisdiction of the State, has gone into operation; and in reply I have the honor to inform you that previously to the receipt of your letter an order was issued to Major Wager, a copy of which, for your information and satisfaction, is here enclosed, By it you will perceive he is instructed, as the winter is approaching, to retire with his troops into winter quarters. It is expected that the emergency which induced the troops to enter the Indian country has ceased.

Your excellency entertains a just view of the motives which led to the ordering the troops into the Cherokee territory, as expressed in your communication. It is much to be regretted that in the execution of his orders, the commanding officer should have found himself constrained to resort to measures which may have operated hardly upon some indivi

duals.

The President is happy in the assurance which your Excellency is pleased to give, that the measures which the State of Georgia may adopt in relation to the Cherokees, will accord with the policy which has been adopted by the General Government.

Very respectfully, &c.
JNO. H. EATON.

His Excellency G. R. Gilmer.

To

Head-Quarters of the Army,

Brevet Major P. Wager, 4th Regi-
Washington, 8th of Nov. 1830.}

ment Infantry, commanding troops
in the Cherokee Nation:

SIR: The purposes for which the troops were ordered into the Cherokee nation having in a great measure been answered, the Secretary of War deems it advisable, upon the approach of winter, that you retire to some position where the troops can be comfortably accommodated, and where they will be in striking distance to meet any contingency that may arise out of our Indian relations, which cannot at this time be perceived. It is hoped, however, that no circumstance will occur which will render it necessary again to employ the troops among the Cherokees, particularly as the Legislature of Georgia, now in session, will doubtless take the proper and necessary steps to preserve tranquillity along the Indian border. You will, therefore, with the detachment of the 4th regiment of the infantry, retire upon Fort Mitchell. The artillery, with the exception of Captain Barden's company, now at Fort Mitchell, will retire to their respective stations, viz. the men belonging to Lieutenant Colonel Fannin's company to Augusta arsenal; Captain Legate's company to Charleston; and Captain Taylor's company to Savannah. I have the honor to be, &c. &c.

A. MACOMB, Major General commanding the Army.

Report of the Joint Select Committee of the Senate and House of Representatives of the State of Maine, in relation to the Northeastern Boundary of the State.

THE aforesaid Joint Select Committee of the Senate and House of Representatives of the State of Maine, have considered the whole subject submitted to them by the aforesaid order, to wit: All the Governor's message which relates to the Northeastern boundary.

The Committee aforesaid ask leave to observe, they are unable to perceive, that there is any thing uncertain in our claim, arising out of any obscurity in the treaty of 1783, or any of the documentary evidence, or arguments and discussions which led to the description of the boundary therein contained; nor are they informed that the Government of Great Britain, or any of their negotiators, ever claimed the northern part of this State as a right, but requested it as a cession; it is therefore concluded, that their strong and persevering endeavors to excite doubts, and embarrass the subject, are elicited by the zeal of their essayists, and their subordinate agents, or negotiators, who, while they recommend themselves to the mother government, as zealous, loyal subjects, and faithful agents, are disposed at the same time to gratify other feelings arising from other causes. This subject has, on several occasions, occupied the attention of the Government of this State, and has been the subject of reports and resolves, and all may have been done which the state

of knowledge on that subject rendered proper, or the occasion required. The subject is now, from a variety of considerations, assuming a more interesting character. Such is the state of public inquiry, that it may be expected of this Legislature that they will fairly and candidly spread the evidence of title, and the subject of controversy, before the people, to the end that they may see, examine, and reason for themselves, and form their own conclusions. This, however, would be deemed unnecessary, were it not the fact, that what is said, and much of the documentary evidence touching the boundaries of the provinces, prior to the treaty of 1783, is in the hands, and within the reach of very few.

With a view, therefore, of spreading the evidence of our title fairly before the people of this State, and by the same means, before the people of the United States and the world, it is proposed to pursue, generally, the chronological order of events; noticing, particularly, such as have any direct relation to the subject, and incidentally, such as tend chiefly to show the connexion between them.

The discovery of America produced an excitement and a spirit of maritime enterprise among the nations of Europe. Cabot sailed in 1497, under the orders of Henry VII. of England, and discovered Newfoundland and North

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