Search billions of records on Ancestry.com
   

[825-831]

CORRESPONDENCE BETWEEN THE UNITED STATES AGENTS AND THE GEORGIA COMMISSIONERS.

Index ... Part: 1 ... 2 ... 3


No. 1.

Copy of a letter from the Commissioners appointed by the Governor of Georgia to take testimony relative to the conduct of the Agent of Indian Affairs, to Major General E. P. Gaines.

Indian Springs, June 20, 1825.

Sir:

Enclosed you will receive a copy of a letter of instructions from his excellency the Governor of Georgia to us, as commissioners in behalf of the State, for the purposes therein mentioned.

It is important to the commissioners that your answer to the application of his excellency the Governor, to ad­mit the commissioners to a full and free participation of the council of the Indians, should be received as early as practicable.

Very respectfully, sir, we are vour obedient servants,
Warren Jourdan,
W. W. Williamson,
W. H. Torrance,
Commissioners.

Major General E. P. Gaines.

No. 2.

Copy of a letter received by the Commissioners from Major General E. P. Gaines.

Headquarters, Eastern Department,

Indian Springs, June 21, 1825.

Gentlemen:

I have the honor to acknowledge the receipt of your communication of yesterday's date, announcing the objects of your mission.

In reply, I have to observe, that, however much I might be aided by the lights of your experience, I do not feel myself authorized, without new instructions from the Department of War, to comply with your demand to be admitted " to a full and free participation of the council of the Indians."

The council is assembled for the purpose of enabling me to discharge duties of a very delicate and important nature confided to me by the General Government.

I deem it proper, therefore, that I should exercise the entire control of every subject to be acted oh, and of every expression uttered to the council by any officer or citizen permitted to address it, whether of the United States or of any individual State or Territory. Without such control, our councils would be involved in confusion, and they would be wholly useless, if not worse than useless.

I offer you, Gentlemen:, assurances of my consideration and respect.
Edmund P. Gaines, Major General U. S. Army, Commanding. Col. Warren Jourdan, Col. Wm. Williamson, Wm. H. Torrance, Esq.

No. 3.

Copy of a letter from the Commissioners to Major General E. P. Gaines.

Indian Springs, June 21, 1825.

Sir:

Your note of the present date we have had the honor to receive. We are free to express, sir, that its contents have surprised us. Your note furnishes us with the information that your duties are of a very delicate and important nature. We have no doubt of their importance. The occasion calls for important measures. The chiefs of a once powerful nation have to be reestablished in their usurped honors, power, and fortunes, in and amongst a people over whom you are deputed for the time being to preside. Your measures fix their destiny, and that of their posterity: high responsibility — delicate trust.

Your Government has informed you of the existing relations between that nation and the State of Georgia. We are the representatives of that State, in connexion with certain matters touching the disturbances therein.

The Government of the State of Georgia has vested in us certain powers, the execution of which was, and is, believed to be closely identified with the objects of your present mission. On our arrival at this place, we deemed it prudent to lay before you a copy of our instructions from his excellency the Governor of Georgia, by which you were informed that we were expressly instructed not to interfere in any matter disconnected with the objects of our appointment; but, at the same time, clearly expressing the opinion that we would be admitted to a full and free participation of the Indian councils. This opinion was the more readily advanced by our Government, because it was known that your object in convening a council of the Indians was inseparably connected with the duties assigned to us; therefore, the State of Georgia considered that she might make the request that has been made, with much confidence that it would be readily granted; relying upon the strongest assurances which it was believed could be made by you, as the agent of the General Government, to receive the aid, and assistance, and cooperation of Georgia in carrying fully into effect the views of your Government.

We are instructed to say that our Government disclaims, in the strongest terms, any wish or intention in anywise to embarrass your movements as connected with any matter growing out of the present unfortunate and peculiar situation of the Creek Nation of Indians. The Government of Georgia has created the commission under which we have the honor to act for no other purpose than to inquire into the facts as connected with the conduct of an officer of your Government, the conduct of which officer has been arraigned by the Government of Georgia, at the instance of the President of the United States. In the investigation of the conduct of that officer, the State of Georgia has great interest. It is of the highest importance to her that there should be a full and clear development of the facts; which if had, it is believed, will fully establish the several charges as preferred.

To arrive at the certainty of all these facts, in the most imposing and official manner, it was considered by our Government necessary to constitute the present mission. It was further determined by the same Government to be of the first consequence that the members of that mission should present themselves clothed in their official character in the council of the Indians to be convened by you; believing that in the councils information might be elicited material to the points in issue between the State of Georgia and the agent for Indian a flairs. For this purpose, and no other, we have been directed by our Government to repair to this place, and to inform you of the same, and to respectfully ask your permission for admittance therein. We have done so by request only; we have not demanded it: that permission has been denied to us. We, therefore, in pursuance to our instructions, as also a proper sense of duty towards our Government, do hereby enter our formal protest against such denial; believing that, in consequence of being debarred a participation in those councils, the State of Georgia will unquestionably be deprived of that which is to her of vital interest and great magnitude.

Respectfully, sir, we are your obedient servants,
W. W. Williamson,
Warren Jourdan,
Wm. H. Torrance,

Major General E. P. Gaines. Commissioners.

No. 4.

Copy of a letter received from John Crowell, Agent, Sfc. by the Commissioners.

Creek Agency, June 20, 1825.

Gentlemen:

I have understood that you have been appointed by the Governor of Georgia to superintend, in the Creek Nation, the investigation of the accusation which he has deemed it expedient to make against me.

Although I have not had the privilege extended to me by the Legislature and Governor of Georgia which is guarantied by the constitution of our country, even to the culprit on his trial; although it is apparent, from the course pursued, (in publishing the ex parte evidence, collected professedly for the adjudication of another and different tribunal,) that the prejudice of the community is sought to be excited against me, which, like the sword of Brennus, is to be cast into the scale against me, to make up for all deficiencies in the weight of the testimony; and although this course of proceeding is properly appreciated; yet, being desirous of affording my accusers the full benefit of a crossexamination of the witnesses to be adduced in my behalf, desiring a fair and impartial investigation, and conscious of the correctness of my official conduct, I herewith invite you to attend the examination of rny witnesses in the nation, for the purpose of putting to them such questions in reference to my deportment as you may think proper. Of the time and place of examination you will be notified.

In giving you this invitation, I wish you distinctly to understand that it is not given under the impression that it is your right, since I have not been confronted with the witnesses against me; but it is given under a full convic­tion of being able fully to establish my innocence, by witnesses who shrink not from the ordeal of crossexamination, and to show you that my defence rests not, like the accusations against me, upon the flimsy foundation of garbled evidence, arbitrarily taken and improperly reported.

I am, respectfully, your obedient servant,
John Crowell.

No. 5.

Copy of a letter from the Commissioners to Colonel John Crowell.

Fort Mitchell, June 25, 1825.

Sir:

Your letter under date of the 20th instant has been duly received, and we should be happy to avail ourselves of the opportunity to cross-examine any witnesses you may deem necessary. On our part we would observe, that the Government of Georgia feels no disposition to deprive you of any and every means of justifying yourself. We , have no doubt that you would have been permitted to be present and cross-examine the witnesses before the committee of the Legislature, had a request been made by you; and we have been particularly instructed by his excellency the Governor to afford you that privilege.

You shall be duly notified of the time and place of examination.

We are, sir, yours respectfully,
Warren Jourdan,
Seaborn Jones,
W. H. Torrance,
Commissioners.

Colonel John Crowell.

No. 6.

Copy of a letter from the Commissioners to Major General E. P. Gaines.

Fort Mitchell, June 25, 1825.

Sir:

Since our arrival at this place, we have been joined by Colonel Jones, who is associated with us in the commission by the Governor of Georgia. In obedience to our instructions, with a copy of which you have been furnished, we beg leave again to call your attention to that part of those instructions by which it was contemplated by the Governor that we would be admitted to a free participation of the council of the Indians to be convened at Broken Arrow, as well as of that lately held at the Indian Springs; and we would repeat the request, on our part, that we may be admitted to that council.

In your letter of the 21st instant, in answer to a similar request made at that place, you say, " I deem it proper, therefore, that I should exercise the entire control of every subject to be acted on, and of every expression uttered to the council by any officer or citizen permitted to address it, whether of the United States or of any individual State or Territory. Without such control, our councils would be involved in confusion, and they would be wholly useless, if not worse than useless."

We call your attention to this part of your letter for the purpose of correcting a mistake under which you have fallen, with regard to our motives, and the course of conduct we might pursue, in attending the council. We have been particularly instructed " not to interfere with the council in matters disconnected with the object of our mission, and which appertain exclusively to interests and relations purely political subsisting between the General Government and the Indians." Permit us to assure you, sir, that we shall strictly adhere to those instructions, and carefully avoid any interference; and that we shall expect only to make suggestions to yourself in the council, and through you to obtain all the information which can be acquired. The information thus obtained will be of an official character, and will perhaps be more satisfactory than any derived from any other source.

From Mr. Kenan, our secretary, you will receive a copy of the message of the Governor to the Legislature, with the accompanying documents, and other papers.

And we have the honor to subscribe ourselves, with high consideration, your obedient servants,
Warren Jourdan,
Seaborn Jones,
W. H. Torrance,
Commissioners.

Major General E. P. Gaines.

No. 7.

Copy of a letter received by the Commissioners from Major General E. P. Gaines.

Headquarters, Eastern Department, Creek Agency, June 26, 1825.

Gentlemen:

I have received your communication of yesterday's date, requesting to be admitted to the council to be convened at Broken Arrow. I am under no such mistake as that you ascribe to me, and which you are pleased to attempt to correct. In your letter of the 20th, you claim " a full and free participation of the council of the Indians." Whatever may have been your meaning, the manifest import of the expressions employed by you could be nothing less than a demand to exercise, without control, certain privileges before the council. The force of this construction is rather strengthened than diminished by your instructions from his excellency the Governor of Georgia, to which you refer. You say " We have been particularly instructed not to interfere with the council in matters disconnected with the objects of our mission, and which appertain exclusively to interests and relations purely political subsisting between the General Government and the Indians." You are consequently instructed to interfere with the council in matters connected with the objects of your mission; or, in other words, to do what you are instructed to do, and nothing more. But your instructions exhibit an attempt to discriminate between the duties assigned to you, on the part of the State of Georgia, and subjects appertaining "exclusively to interests and relations purely political subsisting between the General Government and the Indians."I cannot perceive or admit the existence of any such distinction. The General Government can have no interests or relations " purely political," either with the Indians, or with any other people or nation, in which the State of Georgia is not concerned. But his excellency the Governor of Georgia deemed it proper that the State should be represented at the council at Broken Arrow, and you have been appointed for that purpose.

I have advised you that the President has seen fit to confide to me the exclusive mission to this nation on the part of the United States. I have now to add, that the duties assigned to me are substantially the same as those with which you are charged, with the exception of taking testimony as to the conduct of the agent. Thus have I the honor to represent Georgia, with each other member of the United States, in the Indian council at Broken Arrow. With due deference and respect for the authorities of the State, who have had the kindness to appoint a mission to afford me aid, which the General Government appears not to have been aware that I stood in need of, I cannot permit myself to recognise that mission without the authority of the President.

It would afford me great satisfaction to possess the confidence of the State authorities. I can hope to win it only by a faithful discharge of my duty; but if I fail thus to win it, I feel convinced that I shall not fail to retain what will be equally gratifying to me — the conscious persuasion that I merit that confidence. In the subsequent part of your letter, you assure roe that you will strictly adhere to your instructions, and carefully avoid any interference; and that you should expect only to make suggestions to me in the council, and through me to obtain the information which can be acquired. It is to be regretted that you did not sooner favor me with this moderate definition of your wishes, as, in that case, no objection would have been offered by me to your request, individually and unofficially. You are entirely at liberty to attend, as any other Gentlemen: would be. I reserve to myself, however, the right to control every subject to be acted upon, and every expression to be uttered to the council.

It affords me pleasure to profit by the suggestions of my fellowcitizens; but those suggestions, to be acceptable to me, must be free of any thing like official power or control.

In tendering to you my thanks for the polite offer contained in your note of this afternoon, I have to observe, that I shall not have occasion to send despatches before the departure of the regular mail.

I renew to you, Gentlemen:, assurances of my respectful consideration.
Edmund P. Gaines, Maj. Gen. Commanding.

Messrs. Jourdan, Jones, and Torrance, Commissioners.

No. 8.

Occurrences at Fort Mitchell.

Fort Mitchell, Saturday, June 25, 1825.

The commissioners on the part of the State of Georgia, (Jourdan, Jones, and Torrance,) were waited on by the aid of General Gaines, and informed that he was about to hold some conversation with the Little Prince; that, if we wished to hear it, we would attend in the piazza. They repaired there accordingly. Present, General Gaines and aid, the commissioners above named, the special agent, Major Andrews, Little Prince, Thomas Triplett, acting agent — all. General Gaines stated that he was about to hold a talk with the Little Prince, and that he had informed us of his intention to do so, that we might hear what was said.

He stated to the Little Prince that he must tell his chiefs and warriors that they must not go to the white settlements until all their difficulties and disturbances were settled; that they must be kind and friendly to all travellers and white people in and through the nation; that he had been sent here by the President of the United States to have their difficulties settled; that it was deemed necessary to suspend the Indian agent, charges having been preferred against him; that he must remain suspended until the charges could be inquired into; that the agent was only suspended for a time, until the charges preferred against him could be inquired into; that he should take Hambly, who was the national interpreter, as his interpreter, though statements had been made against him, but the Government yet had confidence in him, and that he had such confidence in him as to use him as such; but, to prevent any imposition, he had brought with him Benjamin Hawkins, as a check, who was recommended by the other part of the nation as being a good interpreter; and that he had instructed Mr. Hawkins, if Hambly did not interpret correctly, to let him (General Gaines) know it; that the Little Prince must tell his chiefs and warriors to hold no talks with any while person at all about their present difficulties, except himself; that they must receive no talk but from his own lips.

Major Andrews, the special agent, stated that he did not think General Gaines had been sufficiently explicit, and requested him to say to the Little Prince that the agent was suspended merely through courtesy to the Governor of Georgia, having been frequently urged to do it. Major Andrews also urged General Gaines to say to the Little Prince that his confidence in Hambly as an interpreter was not the result of investigation, as he had made none; but that he had seen nothing to make him doubt him. He was asked by Colonel Jourdan if he had not seen Colonel Williamson's testimony: he said he had, but that, taken with other things which had been shown him, he did not deem sufficient.

General Gaines then stated to the Little Prince that it was considered necessary 10 suspend the agent, charges having been made against him, and that he could not act as agent until the President of the United States had determined upon them.

No. 9.

Copy of a letter from the Commissioners to Major T. P. Andrews, Special Agent, &c.

Fort Mitchell, June 25, 1825.

Sir:

We were not a little surprised to hear from yourself this evening that you were unacquainted with the objects for which we were taking testimony. We were then of the opinion (and, upon examination, have become con­firmed in that opinion) that the papers which have been submitted are sufficiently explicit. By a reference to the letter of the Governor of Georgia to you of the 20th instant, you will find he says, " The commissioners authorized by the Legislature to take further testimony will for that purpose proceed forthwith to the nation, and under orders to make all possible despatch." By a reference to the printed documents delivered to you at the agency on the Flint river, you will see a copy of the resolution referred to. To those we can add nothing which will convey in stronger terms the objects of taking the testimony, unless, perhaps, it may be necessary to remind you of the charges preferred by the Governor of Georgia.

While you seem to be ignorant of the object of our appointment, we presume that does nol extend to the appointment itself. To avoid, however, any possible mistake, we would beg leave to refer to the conversation which took place between you and Colonel Jones, at the agency, in which you inquired if any mutual arrangement had been made between Colonel Crowell and the commissioners; whether we would reexamine the witnesses sworn before the committee, to enable Colonel Crowell to cross-examine them; and whether we would assist him to compel witnesses to testify who might refuse. We would also remind you of the inquiry you again made this evening, whether we and Colonel Crowell had made any arrangement, &c.

We regret we have been compelled to be thus minute, and feel more regret to remark that our object can be recognised when it is necessary to make inquiries for the benefit of Colonel Crowell, lest injustice may be done him; and when inquiries are made of you to facilitate the business and quiet conscientious scruples, you should decline to give any answer, and thereby (we hope unintentionally) throw difficulties in the way, already sufficiently obstructed.

We would beg leave further to remark, that while the testimony which has been taken against Colonel Crowell has been made public, and he has had every opportunity of seeing and disproving it, (if in his power;) and while our instructions are positive to permit him to be present and cross-examine the witnesses, and complaint has been made by you " of the appalling influence and power of the executive and legislative branches of the Government of Georgia," you have not thought proper to apprize either the Governor or ourselves of the testimony which "has been already shown you by the agent" in his own favor, or that to which you referred today, which had been shown you in favor of Hambly, the interpreter. As we could not doubt the ascertainment of truth to be the object of your mission, we could not be insensible to this difference; and we hope a second reading of the papers we have reference to will satisfy you fully of the object of our appointment.

And have the honor to be, with consideration,and respect,
Warren Jourdan,
Seaborn Jones,
Wm. H. Torrance,
Commissioners.

Major T. P. Andrews.

No. 10.

Copy of a letter from Colonel John Crowell to the Commissioners.

Princeton, June 28, 1825.

Gentlemen:

Your letter of this date was received a few minutes before seven o'clock, announcing your intention to proceed to take the testimony of James Moss and Kendal Lewis at eleven o'clock this day, at a distance of twentysix miles from this place.

Understanding that two of your body set out in the direction of Lewis's yesterday afternoon; believing that you were apprized that Mr. Moss was in the vicinity of this place on the morning of yesterday; and knowing that my counsel, Major Rockwell, apprized Mr. Torrance, in your presence and hearing, that it was our intention this day, at the breaking up of the council, to take the testimony of several witnesses, to which arrangement there was no objection — under all the circumstances, I must be permitted to remark, that it seems, while you are willing to make a parade of fairness in the manner of procuring testimony against me; while you have, in a formal communication to me, offered me the privilege of crossexamining those witnesses to be found in the Creek Nation, you take such measures as effectually put it out of my power to avail myself of the offer; "holding the word of promise to my ear, and breaking it to my sense."

Considering the manner in which that offer was made, being incidentally drawn from you by my invitation to you to cross-examine my witnesses, I am constrained to believe that you never sincerely intended that I should enjoy the advantage of a crossexamination, and that your offer was merely a hollow pretext to answer some hidden purpose. When you wrote your note this morning, to which this is an answer, you were doubtless well apprized that the council would meet today; that preparations were making for the reception of General Gaines by the chiefs; and that it was of much importance that I should be present.

From what fell from some of you at Mr. Smith's, and what took place between you and the general, I expected that you deemed it of importance that you should attend the council also. With what propriety, then, could you communicate your intention to me of taking testimony at Lewis's, Line creek, and Montgomery, in Alabama, if you were sincere in your invitation to me to be present and cross-examine those witnesses? I had hoped that the spirit of persecution and oppression, by which your Governor is actuated towards me; would not have influenced his representatives; but the course you have pursued satisfies me that that hope is illusive.

I am, respectfully, your obedient servant,
John Crowell.

No. 11.

Copy of a letter from the Commissioners to Colonel John Crowell.

Princeton, June 28, 1825.

Sir:

You letter of this day's date, in answer to ours of the same, has been received. In justice to ourselves, we must be permitted to deny, most unequivocally, that your " counsel, Major Rockwell, did, in our presence or hearing, notify Mr. Torrance of his intentions this day to take the testimony of several witnesses after the breaking up of the council of Indians." We heard no such declaration ourselves, and we were not apprized of any such intention on your part by Mr. Torrance, except as it relates to the testimony of Mr. Smith, whose evidence was believed unimportant; and, as he was resident in the vicinity, it could be dispensed with for the present, without injury to either party.

Permit us to assure you that we have been positively instructed by his excellency to give you every benefit of crossexamination, and that it was in obedience to those instructions, and in perfect accordance with our feelings, to withhold no opportunity from you which might enable you to prove your innocence to the world, if practicable.

How justly, therefore, can we complain of gross injustice and illiberality manifested towards us in the whole of your communication! We have no hidden purposes to accomplish — no secret motives to influence us. To subserve the best interests of the State, to protect and shield virtue, intelligence, and disinterested patriotism in our Chief Magistrate, from the wily assaults of selfish and interested individuals from within and without, have been the objects of our most anxious solicitude and care. From the fact of your suspension, we could not perceive the importance you seem to attach to your being present at the council. You must have heard or been informed of the public declaration made by General Gaines, that our attendance at the council would be in the character of private individuals; it could, consequently, be of no avail to us in the accomplishment of the important object of our mission.

Objects of curiosity and novelty might have influenced us to attend. The intermediate time between the commencement and termination of the council we believed might be usefully employed in obtaining the testimony of persons in the direction of Alabama. We had just reason to believe, from threats and undue influence exercised over them, that they would not attend here.

In coming to this conclusion, we were insensible to any act of oppression on our part towards you, incidental or intentional; we believed, and do still believe, that no important interest, right, or privilege, which you are entitled to, would be jeopardized by the absence for a few days of yourself and counsel; and we are the more confirmed in this opinion from the declarations of the special agent, that the collecting of testimony in your favor would by him be submitted to the acting agent for Indian affairs.

From this view of the subject, we are free to declare that the charge of insincerity and oppression, reiterated again and again by you, falls unsupported and unsustained by a single reason or argument other than inflammatory and idle declamation.

The notice of our intentions was handed you this morning, in time, we believe, for you to have reached Lewis's; and we were instructed, if required, to say reasonable time would be given for your arrival. The remaining members of the mission did not intend taking any measure for the procurement of testimony until the return of the absentees; and this course we would now greatly prefer, on account of mistake or misapprehension somewhere, and to enable you to proceed and have the benefit of crossrexamination, if desirable.

You cannot be unapprized of the great delicacy of our situation, (under present circumstances,) of attending the examination of witnesses in your private apartments. We propose, whenever General Gaines disposes of the trust confided to him by the General Government, to proceed to the examination of a number of witnesses. Our object in this is not to embarrass or interfere in any manner, the most remote, with his duties. We ask of you to pursue the like course, when all our objects can be obtained without inconvenience to any person.

Permit us to assure you, sir, that respect for ourselves and the authority under which we have the honor to act will not permit us to acknowledge the receipt of any further communication couched in the language and dictated in the spirit of illiberality and accusation.

We are, respectfully, your obedient servants,
Warren Jourdan,
W. W. Williamson,
Commissioners.

Colonel Crowell.

No. 12.

Copy of a letter received from Major T. P. Andrews, Special Agent.

Princeton, (near Broken Arrow,) June 27, 1825.

Gentlemen:

I received your letter dated the 25th last evening, and was not a little surprised at the misapprehension, on your part, which appears to have rendered such a letter necessary.

You remark, you were surprised to hear me remark on the 25th, in reply to an observation of Colonel Jones, that " I was unacquainted with the object for which you were taking testimony." I must deny in the most positive manner having made any such remark which would fairly justify such a construction. In your conversation with the Reverend Mr. Compere, which took place accidentally in my presence, he remarked that he had conscientious scruples against taking an oath, unless in cases of absolute necessity. He then added, if I would say that I viewed his giving you his oath as such a case of necessity, he would give it. My reply was, that it was a matter entirely between yourselves, which I did not wish to interfere in, and thatI must decline giving an opinion as to the absolute necessity of an affidavit, being incapable of forming a judgment on it, asI was unacquainted with the objects or uses to which the testimony collected by yourselves was to be applied. You expressed some surprise at the remark; I took occasion to add, that I did not know whether your testimony was to be laid before the Executive or the Legislature of Georgia; the General Government, or its agent; or to be used before a court of justice. I did not make my being unacquainted with those objects or uses a matter of complaint, because (as the authorities of Georgia had not thought proper to make me acquainted with their particular intentions as to the use to be made of the testimony collected by yourselves) I did not consider it a matter on which I had a right to ask information. As it has now become a subject of question, and, in a measure, of discussion, I beg leave to ask you distinctly to what objects or uses the testimony you collect will be applied: whether it is to be submitted to the agent of the General Government, or to the United States Government direct? or whether it is only intended to produce a conviction of guilt in the Indian agent before the Legislature, the Executive, the people, or the courts of justice of Georgia?

I am more particularly induced to ask these questions to convince you that, although I have reexamined all the letters and sources of information you refer me to, as well as your letter now before me, I am still totally unacquainted with the objects or uses to which the testimony to be collected by you is to be applied. At the same time, I disclaim all right on my part to receive answers, unless perfectly agreeable; and state distinctly, that, since my interview with Colonel Jones, on the Flint river, I could not entertain a doubt that one object of your appointment was to criminate, if possible, the Indian agent.

You will certainly excuse me for declining what you appear to wish me to attempt — to " quiet the conscientious scruples" of the Rev. Mr. Compere, or any other person on any subject.

I told that reverend gentleman, immediately on your leaving us, as he can testify, that I would greatly prefer his giving you an affidavit, if consistent, on reflection, with his principles; but that, in saying so, I did not wish to be considered as staling my belief as to its absolute necessity, not having been made acquainted with that necessity, and having also informed him, as well as the other clergymen in the nation, that (respecting their characters and their religious scruples) I should view a conscientious statement from them, without their making oath to it, as allsufficient, so far as their testimony was to be applied to the objects of my mission.

I recollect the inquiries you refer to, as made of Colonel Jones, on the Flint river; and take this opportunity of remarking, that I have, as yet, received no answers to them, particularly as to the intention of the commissioners to summon the witnesses already examined by the committee, to afford an opportunity of crossexamination.

I do not see the light in which the commissioners wish the first part of the third paragraph of their letter received. If no insinuation was intended by it, it appears to me that their expression was uncalled for and unnecessary. If, on the other hand, it is intended to convey an insinuation of a disposition on my part to act in an unfair or partial manner, I feel called on to say that such an insinuation is not warranted by any acts or intentions, or truth, and that a repetition must put a stop to all official correspondence between us; as I am determined to avoid all official correspondence, (which I am at liberty to avoid,) that is not conducted in a proper spirit of courtesy and justice.

In reply to the latter part of the same paragraph, I would remark, that I am not in official possession of the evidence you refer to, relating to the agent, having returned it to him for the present. I am, however, informed by the agent that in due time you will have an opportunity of crossexamining his witnesses, and, consequently, of seeing that testimony.

The course pursued by General Gaines, in relation to the United States interpreter, is one which is conceived to be entirely between himself and his Government; and as it regards the statement which I have made to him, in reply to his demand for it, of my present impressions in relation to the interpreter, it is between the general and myself, and our Government.

It will readily occur to you, that you will receive a great amount of information, (if you have not already,) not immediately connected with the particular object of investigation, but proper to be submitted to your Government. Whether such is the fact in relation to yourselves, or not, I take this occasion to inform you that I should be wanting in respect to the Government which I have the honor, on a particular point, to represent, if I should offer to others the first knowledge of a great deal of information which may incidentally come before me. Such is the case in reference to the United States interpreter, who is not under trial.

The President has, so far, thought proper to disregard the impressions of others which have been laid before him, and to continue the interpreter in office. The commissioners of the late treaty, notwithstanding their impressions against him, continued to avail themselves of his services whilst in wane of an interpreter. His capacity renders his services necessary to facilitate business. It was only in regard to the propriety of his being employed or not as an interpreter on the present occasion, that I have given an opinion to the general; and I understood your body (in the presence of General Gaines on Saturday evening) to approve of his employment, with the precautions which the general has taken on the occasion.

With consideration and respect, I remain, Gentlemen:, your most obedient servant,
T. P. Andrews, Special Agent.

Warren Jourdan, Wm. Williamson, and Wm. H. Torrance, Esqrs.
Commissioners, &c.

No. 13.

Copy of a letter from the Commissioners to Major General E. P. Gaines.

Crabtree's, Creek Nation, June 30, 1825.

Dear General:

Should the acting agent for Indian a flairs decline taking the necessary steps to have Kendal Lewis at Princeton, on Saturday next, by 12 o'clock, we trust that you will issue an order, directed to John S. Thomas, who is the acting marshal to the mission from Georgia, and who will execute with promptness and fidelity any order coming through you or the agent.

With high respect and consideration, we remain your obedient servants,
Warren Jourdan,
Wm. W. Williamson,
Commissioners.

To the foregoing communication General Gaines made a verbal reply, through me, stating that he had taken the necessary measures, and addressed a letter to the agent, who would use his endeavors to have the witness present.

M. J. Kenan,
Secretary to the Mission.

No. 14.

Copy of a letter from the Commissioners to Major General E. P. Gaines.

Crabtree's, July 1, 1825.

Dear General:

We shall attend today, at the hour of 2 o'clock, P. M., to take the testimony of the Little Prince, OpoithleYoholo, Sandy Greason, John Riley, and Benjamin Hawkins; of which you will please inform Colonel Crowell. It is not our intention to have this examination in the square, because it will be very lengthy, and there will be no convenience for our clerk to take down the answers. We shall object to Colonel Hambly as an interpreter. We shall select Hawkins. We wish Colonel Crowell to select another. You will please invite the above witnesses to vour quarters, where, by your permission, the examination will take place.

Very respectfully, yours, &c. &c.
Warren Jourdan,
W. W. Williamson,
Commissioners.

No. 15.

Copy of a letter from Major T. P. Andrews, Special Agent, &c. to the Commissioners.

Princeton, Indian Nation, July 1, 1825.

Gentlemen:

Your letter of this date to General Gaines has been referred to me, as well as the subject to which it relates. Colonel Williamson was present in the square when the chiefs positively refused to have a conversation with you, or suffer any examination, except in public, in the open square or council, and made no objections, or was not understood as making any. I have, therefore, to remind you that you shall have for your clerk all the facilities which have been enjoyed by the general and myself in our written intercourse with them, which has been considerable. Both the general and myself will take pleasure in affording you all desirable and possible facilities; but all questions put to the Indians must be in writing, that they may not be subject to be misapprehended. This is a course which the officers of the General Government have felt themselves bound to pursue, and one which, it is thought, is due in fairness to the Indians.

Very respectfully, your obedient servant,
T. P. Andrews, Special Agent.

To Cols. Warren Jourdan and Wm. W. Williamson, at Crabtree's.


[Next]