{228} In 1829 the state of Alabama divided the Creek territory into counties, and subjected the Indian population to the power of European magistrates.
In 1830 the state of Mississippi assimilated the Choctaws and Chickasaws to the white population, and declared that any of them that should take the title of chief would be punished by a fine of 1,000 dollars and 3 year's imprisonment. When these laws were enforced upon the Choctaws who inhabited that district, the tribes assembled, their chief communicated to them the intentions of the whites, and read to them some of the laws to which it was intended that they should submit; and they unanimously declared that it was better at once to retreat again into the wilds.
{229} The Georgians, who are so much annoyed by the proximity of the Indians, inhabit a territory which does not at present contain more than seven inhabitants to the square mile. In France there are one hundred and sixty-two inhabitants to the same extent of country.
{230} In 1818 congress appointed commissioners to visit the Arkansas territory accompanied by a deputation of Creeks, Choctaws, and Chickasaws. This expedition was commanded by Messrs. Kennerly, M'Coy, Wash Hood, and John Bell. See the different reports of the commissioners, and their journal, in the documents of congress, No. 87 house of representatives.
{231} The fifth article of the treaty made with the Creeks in August, 1790, is in the following words: "The United States solemnly guaranty to the Creek nation all their land within the limits of the United States."
The seventh article of the treaty concluded in 1791 with the Cherokees says: "The United States solemnly guaranty to the Cherokee nation all their lands not hereby ceded." The following article declared that if any citizen of the United States or other settler not of the Indian race, should establish himself upon the territory of the Cherokees, the United States would withdraw their protection from that individual, and give him up to be punished as the Cherokee nation should think fit.
{232} This does not prevent them from promising in the most solemn manner to do so. See the letter of the president addressed to the Creek Indians, 23d March, 1829. ("Proceedings of the Indian Board, in the City of New York," p. 5.) "Beyond the great river Mississippi, where a part of your nation has gone, your father has provided a country large enough for all of you, and he advises you to remove to it. There your white brothers will not trouble you; they will have no claim to the land, and you can live upon it, you and all your children, as long as the grass grows or the water runs, in peace and plenty. It will be yours for ever."
The secretary of war, in a letter written to the Cherokees, April 18th, 1829 (see the same work, page 6), declares to them that they cannot expect to retain possession of the land, at the time occupied by them, but gives them the most positive assurance of uninterrupted peace if they would remove beyond the Mississippi: as if the power which could not grant them protection then, would be able to afford it them hereafter!
{233} To obtain a correct idea of the policy pursued by the several states and the Union with respect to the Indians, it is necessary to consult, 1st, "The laws of the colonial and state governments relating to the Indian inhabitants." (See the legislative documents, 21st congress, No. 319.) 2d, "The laws of the Union on the same subject, and especially that of March 20th, 1802." (See Story's Laws of the United States.) 3d, "The report of Mr. Cass, secretary of war, relative to Indian affairs, November 29th, 1823".
{234} December 18th, 1829.