The Administration was apparently convinced that the agreement of 1825 was not fairly obtained, and, in January of 1826, entered into another agreement with the Creeks, which, while recognizing the nullity of the agreement of 1825, secured the extinguishment of their claims to all lands in Georgia lying east of the Chattahoochee, and to a considerable tract north and west of this river. The Administration asserted that all the Creek lands lying within the limits of Georgia were secured. Senator Berrien of Georgia, who represented the interests of his Commonwealth when the agreement came before the Senate for ratification, said, on the contrary, that it failed by a million of acres of having done so. [Sidenote: The Governor of Georgia repudiates the Convention of 1826.] Governor Troup declared that the general Government could not by an agreement with the Creeks rob Georgia of vested rights, which had been, once for all, perfected by the agreement of 1825. He ordered the public surveyors to include in their surveys the lands claimed by Georgia west of the line designated in the agreement of 1826. The Indians resisted them, and appealed to the President to protect their rights as recognized by the latter agreement. The President ordered the United States District Attorney and Marshal for Georgia to arrest any one caught in the act of surveying the lands west of the line fixed by the agreement of 1826. The Governor was informed of this order, and was given to understand that the President would uphold the agreement of 1826 by any and all power necessary. The Governor, however, defied the Administration, ordered the law officers of the Commonwealth to effect, by any means necessary, the release of the arrested surveyors, and to {215} secure the arrest and trial of those persons who had taken or held them in custody, ordered the commanders of the militia of the Commonwealth to hold their forces in readiness to resist the threatened invasion by the military power of the United States, and sent a message to the legislature informing that body of what he had done in the premises. In this message he took the ground that questions of jurisdiction--he called them questions of sovereignty--between the general Government and the Commonwealths could not be determined by the judicial power of that Government, but must be settled by agreement between the two parties. [Sidenote: The President submits the matter to Congress.]