The Committee consisting of Mr. Kearney, Mr. Carrington, Mr. Bingham,
Mr. Smith, and
Mr. Dane, to whom was referred the Report of the Secretary at War, and
sundry Papers
relative to Indian Affairs in the Southern Department; and also a motion
of the Delegates
from the State of Georgia,
REPORT,
THAT the said papers referred to them state, first, that certain
encroachments are made on the lands
of the Creek and Cherokee nations, by the people of Georgia and
North-Carolina.
Secondly, That there is no regular trade between our citizens and the
Indian nations in that
department, by which those nations can obtain a certain supply of goods,
arms, c, that these nations
wish to have connections with the United States only; that their
necessities, however, are such, that if
they cannot be regularly supplied by our traders, they must listen to
the repeated invitations made
them to turn their trade to, and to seek supplies from another quarter.
That the said motion, among other things, states, that there is reason
to apprehend the Creek Indians
are meditating a serious blow against the inhabitants of Georgia; and
proposes, that it be
recommended to that state to use every possible means to preserve peace
between her citizens and
those Indians; and that Congress resolve, they are bound to draw forth a
sufficient number of the
forces of the union to punish any nation or tribe of Indians that shall
attempt to make war on either of
the United States, by attacking or killing any of their citizens.
On these subjects the committee observe, that the encroachments
complained of appear to demand
the serious attention of Congress, as well because they may be
unjustifiable, as on account of their
tendency to produce all the evils of a general Indian war on the
frontiers.
The committee are convinced that a strict enquiry into the causes and
circumstances of the hostilities
often committed in, and near the frontier settlements, ought to be made;
that it is become necessary
for government to be explicit, and decisive; and to see that impartial
justice is done between the
parties: that just and policy, as well as the true interests of our
citizens, evince the propriety of
promoting peace and a free trade between them and the Indians. Various
circumstances shew that
the the Indians, in general, within the United States, want only to
enjoy their lands without
interruption, and to have their necessities regularly supplied by our
traders, and could these objects
be affected, no other measures would, probably, be necessary for
securing peace, and a profitable
trade with those Indians.
The committee are not informed what measures have been adopted by the
Superintendants to
promote a regular trade between our people and the Indian nations, or
for preventing intrusions upon
the lands of the latter; several tribes complain that their land is
taken from them, and that they suffer
very much for want of such trade. As information relative to these
subject, must, principally, come
from the frontier settlers, the Indians, and traders residing among
them; the committee are sensible
that facts cannot always be well ascertained; but, in the present case,
there is sufficient evidence to
shew that those tribes do not complain altogether without cause. An
avaricious disposition in some of
our people to acquire large tracts of land, and often by unfair means,
appears to be the principal
source of difficulties with the Indians.
There can be no doubt that settlements are made by our people on the
lands secured to the
Cherokees, by the late treaty between them and the United States; and
also on lands near the
Oconee claimed by the Creeks; various pretences seem to be set up by the
white people for making
those settlements, which the Indians, tenacious of their rights, appear
to be determined to oppose.
From these contrary claims, difficulties arise which are not easily
removed. The respective titles
cannot readily be investigated; but there is another circumstance far
more embarrassing, and that is,
the clause in the confederation relative to managing all affairs with
the Indians, c. is differently
construed by Congress and the two states within whose limits the said
tribes and disputed lands are.
The construction contended by those states, if right, appears to the
committee, to leave the federal
powers, in this case, a mere nullity; and to make it totally uncertain
on what principle Congress is to
interfere between them and the said tribes: The states not only contend
for this construction, but have
actually pursued measures in conformity to it. North-Carolina has
undertaken to assign land to the
Cherokees, and Georgia has proceeded to treat with the Creeks concerning
peace, lands, and the
objects usually the principal ones in almost every treaty with the
Indians. This construction appears to
the committee not only to be productive of confusion, disputes, and
embarrassments in managing
affairs with the independent tribes within the limits of the states, but
by no means the true one.
The clause referred to is,---"Congress shall have the sole and executive
right and power of regulating
the trade and managing all affairs with the Indians, not members of any
of the states; provided that the
legislative right of any state within its own limits be not infringed or
violated." In forming this clause,
the parties to the federal compact, must have had some definite objects
in view; the objects that
come into view, principally, in forming treaties or managing affairs
with the Indians, has been long
understood, and pretty well ascertained in this country. The committee
conceive that it has been long
the opinion of the country, supported by justice and humanity, that the
Indians have just claims to all
lands occupied by, and not fairly purchased from them; and that in
managing affairs with them, the
principal objects have been those of making war and peace, purchasing
certain tracts of their lands,
fixing the boundaries between them and our people, and preventing the
latter settling on lands left in
possession of the former. The powers necessary to these objects appear
to the committee to be
indivisible, and that the parties to the confederation must have
intended to give them entire to the
union, or to have given them entire to the state;---these powers before
the revolution were possessed
by the king, and exercised by him, nor did they interfere with the
legislative right of the colony within
its limits; this distinction which was then, and may be now taken, may
perhaps serve to explain the
proviso, part of the recited clause. The laws of the state can have no
effect upon a tribe of Indians or
their lands within the limits of the state, so long as that tribe is
independent, and not a member of the
state, yet the laws of the state may be executed upon debtors,
criminals, and other proper objects of
those laws in all parts of it, and therefore the union may make
stipulations
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with any such tribe, secure it in the enjoyment of all or part of its
land, without infringing upon the
legislative right in question. It cannot be supposed the state has the
power mentioned without making
the recited clause useless, and without absurdity in theory as well as
in practice; for the Indian tribes
are justly considered the common friends or enemies of the United
States, and no particular state can
have an exclusive interest in the managements of affairs with any of the
tribes, except in some
uncommon cases.
The committee find it difficult to reconcile the said construction of
the recited clause made by the two
states, and their proceedings before mentioned, especially those of
Georgia, with what they conceive
to be the intentions of those who made the said motion---for the
committee presume that the
delegates of Georgia do not mean that Congress is bound to send their
forces to punish such nations
as the state shall name, to act in aid of the state authority; to send
her forces and recal them as she
shall see fit, to make war or peace; such an idea cannot be consistent
with the dignity of the union,
and the principles of the federal compact. But the committee conceive
that it is the opinion of the
honorable movers, and also the general opinion, that all wars are
hostile measures against the Creek,
or any other independent tribes of Indians, ought to be conducted under
the authority of the union, at
least where the forces of the union are employed, that the power to
conduct a war clearly implies the
power to examine into the justice of the war, to make peace, and adjust
the terms of it; and that,
therefore, the terms or words of the said motion, if it be adopted by
Congress at all, must be varied
accordingly.
But whatever may be the true construction of the recited clause, the
committee are persuaded that it
must be impracticable to manage affairs with the Indians within the
limits of the two states, so long as
they adhere to the opinions and measures they seem to have adopted. The
difficulties, in fact, exist;
the states think it is their duty to counteract the powers of Congress,
when carried, in conducting
affairs with those Indians, beyond those narrow limits which the said
states prescribe---the question,
therefore is, how shall these difficulties be avoided in a manner most
agreeable to both Congress and
the states--The committee discern but two ways practicable; the one is
for the two states to make
liberal cessions of territory to the United States---the other is, for
those states to accede to
Congress's managing, exclusively, all affairs with the Cherokees,
Creeks, and other independent
tribes within the limits of the said states, so that Congress, in either
case, may have the acknowledged
power of regulating trade, and making treaties with those tribes, and of
preventing on their lands, the
intrusions of the white people. That of making liberal cessions of
territory, all things considered,
appears to be the most eligible and likely to meet the approbation of
the two states---several
circumstances induce the committee to think this the best mode; they
presume the two states will act
on liberal principles, and adopt measures founded in sound policy, and
calculated to promote the
national interest, they will consider that the lands proposed to be
ceded were arrested from
Great-Britain by the common exertions of the confederacy, and that other
states have ceded lands to
the union in a similar situation, which are now selling for the common
benefit of all the states. The
committee conceive that several other considerations cannot escape the
observation of the two
states, which may be urged in favor of the cessions; among other things
of importance to those states,
as well as to the union, must be the advantages arising from putting the
management of Indian affairs
into the hands of Congress alone, and preventing irregular and dispersed
settlements on the lands
proposed to be ceded.--The committee believe that the two states, upon
reconsidering the subject,
will be disposed to follow the liberal examples of the other states in a
similar situation, and especially,
as it will probably appear to the two states, that by making the
proposed cessions, those difficulties
they now experience will be removed, that is, the controversies
respecting Indian affairs, and those
dispersed settlements which tend to render the governments weak and
feeble, and to produce
expensive and calamitous wars with the Indians.
The committee further observe on the subjects referred to them, that it
is probable the Indians in the
southern department will turn their trade to Florida, unless regularly
supplied by our citizens and
traders; and that the attention of the superintendant in that department
ought to be seasonably
directed to the encouragement and promotion of a regular trade between
our citizens and those
Indians.
That the dispute between Georgia and the Creeks is become so serious,
that it is probable a war will
ensue, and the interference of the union become necessary, unless early
measures be adopted for
settling the controversy respecting the said Oconee lands; the committee
think, therefore, that it
should be recommended to that state to use all possible means for
preserving peace with the Creeks,
and that they and the Cherokees be informed that Congress are pursuing
measures for adjusting all
disputes about their lands.--That Georgia be informed that Congress
consider the union bound by the
federal compact to protect every part of the nation, as well against the
unjust and unprovoked
attacks of the independent tribes of Indians within the United States,
as against foreign powers---that
Congress, however, can never employ the forces of the union in any
cause, the justice of which they
are not fully informed and convinced, or constitutionally interfere in
behalf of the state against any
such independent tribe, but on the principle that Congress shall have
the sole direction of the war,
and of settling all the terms of peace with such Indian
tribe.------Whereupon the committee suggest
the following resolutions:
RESOLVED,
.......... That it be, and it hereby is earnestly recommended to the
states of North-Carolina and
Georgia, respectively, to make liberal cessions of territory to the
United States, for their common
benefit, to be governed and disposed in the same manner as the territory
of the United States, north
west of the river Ohio is, and shall be governed and disposed of
Resolved, That it be recommended to the state of Georgia to use all
possible means to preserve
peace and friendship between the citizens of that state and the Upper
and Lower Creek Indians,
consistent with the principles of the confederation.
Resolved, That Congress esteem it their duty to consider the causes and
circumstances of any
dispute or hostile proceedings between any state, or the citizens
thereof, and any Indian tribe or
tribes of Indians within the limits of the United States, not members of
any of the states, and that
Congress is bound to employ the forces of the union to punish any such
tribe or tribes which shall
make unjust and unprovoked attacks upon any part of the United States.
Resolved, That the superintendant of Indian affairs in the southern
department be directed, without
delay, to inform the Creeks and Cherokees, that Congress are pursuing
measures for settling all
disputes about the lands claimed by them and the white people---that he
be directed to inform the
Indians in his department, that Congress is always disposed to hear
their complaints, which must be
made through the superintendant, to redress their grievances, and to
preserve peace and lasting
friendship with them; and that he be directed to report the measures
that have been adopted for
supplying those Indians with merchandize.