United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
Before nullification was resolved upon in South Carolina, something
like it had been applied in Georgia. {211} In the year 1802 Georgia
formally ceded the lands claimed by the Commonwealth west of the
Chattahoochee River to the United States for the sum of one million
two hundred and fifty thousand dollars, and upon the condition that
the United States Government would, at its own expense, extinguish the
Indian claims to any lands in Georgia so soon as this could be done
peacefully and upon reasonable terms.
Between 1802 and 1820 the Government made some advance in the
discharge of this obligation. By this latter date, however, designing
white men had joined with the Indian tribes located within the
Commonwealth, and were seeking to organize an Indian State for the
purposes of their own political ambition, and many well disposed white
persons were aiding them from humanitarian motives. The Georgians even
accused the Government of doing things that would contribute to the
same result. The Georgians were forced to face a very serious
question, the question of an Indian State, controlled chiefly by white
adventurers and sentimentalists, within the legal limits of the
Commonwealth.
Under this pressure the Georgians reviewed the whole question of
Indian organization, and rights to territory. They advanced the
propositions, that the Indian tribal organizations were not States and
could not, therefore, exercise dominion, and give title to real
property; that the Indians living within the legal limits of the
Commonwealth were subject to its jurisdiction in the same manner as
other persons, and to the same extent; that the original title to all
land within the limits of Georgia was in the Commonwealth, and every
valid title must be derived from the Commonwealth; that the claim of
the Indians to the lands on which the tribes lived was simply an
incumbrance upon Georgia's {212} title, an incumbrance which the
general Government was obligated to remove; and that, after the
Government should discharge this duty, Georgia's title would be
perfect, without any formal transfer of these lands to Georgia by the
Government.
[Sidenote: The demand of Georgia for the extinguishment of the Indian
claims.]
[Sidenote: The Indian Springs Convention.]
In 1819 the legislature of Georgia memorialized President Monroe to
hasten the work of the Government in extinguishing the Indian claims.
In the year 1824 the Creek chiefs in council resolved that not a foot
of the lands claimed by the Creeks should be relinquished.
Nevertheless, President Monroe's administration succeeded, in February
of 1825, in negotiating an agreement with certain of the Creek
chieftains according to which they relinquished to the United States
the Creek claims to all lands lying within the limits of Georgia, and
also to lands lying to the northwest and to the west of the
Commonwealth. This agreement was ratified by the Senate of the United
States in March of the same year.
Public-domain text, read in full here on John Shaqi.
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