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1826] JOHN QUINCY ADAMS, Sixth presidenT. 383

national government, and that Congress should be ever as prompt to guard against the assumption of any powers not distinctly conferred, as it should be ready to exercise those which have been certainly granted.

Nevertheless, the result of the debate in the House of Representatives was a resolution affirming that Congress had power, under the constitution, "to appropriate money for the construction of post-roads, military and other roads, and of canals, and for the improvement of water-courses." At a subsequent session, President Monroe was authorized to have surveys and estimates made for such roads and canals as in his judgment seemed of prime importance.

But it remained for Monroe's successor, actually to carry out a number of these national improvements. Adams was an outspoken champion of the system, as appeared from his message to Congress in the first year of his presidency, in which. recommending that the proceeds of the public lands should be devoted to public improvements, he affirmed his belief that the enhanced value of those lands would amply compensate for the expenditures. Grants were therefore made for the construction of a canal across the state of Delaware, to connect the Chesapeake and Delaware bays; for the Louisville and Portland canal, at the Falls of the Ohio; and for the Dismal Swamp canal in Virginia. Surveys were also made for a road from Washington to New Orleans; beside other works.

On the 4th day of 7th month (July), 1826, died John Adams and Thomas Jefferson, the former in his 91st year, and the latter in his 84th. The two ex-presidents had been first and second on the committee of five appointed by the Continental Congress to prepare the Declaration of Indepen-. dence. Subsequently, they had stood at the head of the two opposing political parties, but now on the 50th anniversary of the nation's natal day, they passed out of the world together.

The feeling of awe which overspread the people's minds on a day when they were indulging in patriotic jubilations and festivities, was renewed on the same day of the following year, when the death of James Monroe also occurred.

DIFFICULTIES WITH GEORGIA AND THE CREEKS. A NEW

TARIFF.

By the compact entered into in 1802 between the United States government and the state of Georgia, the former agreed, in consideration of receiving the grant of all the territory between the Chattahoochee and the Mississippi, to extinguish at its own expense, and for the benefit of Georgia, all the Indian claims to land within that state "as early as the said lands could be peaceably obtained upon reasonable terms." Except the north-western portion, which was held by the Cherokees, by far the larger part of the territory was claimed by the Creeks. Previous to 1825, the United States had succeeded in purchasing more than one-half of the Creek territory, but, after that, the tribe began to prize their lands more highly, and were naturally averse to parting with their pleasant homes altogether.

Early in 1825, a council fraught with very important results to the Creeks, was held at a place called Indian Springs. Most of the chiefs would not agree to the proposition of the United States government for a cession of their lands; but a minority of them, the principal one of whom was a half-breed named General MACINTOSH, were anxious to sell, and thereby obtain most of the pay for the lands to share among themselves. In direct violation of the laws of their nation, this small body executed the treaty, while the government, against the protest of the Creek agent and the large majority of the tribe, accepted and ratified it. The Indians who signed the

1828]

GEORGIA AND THE CREEKS.

385

treaty represented but 8 villages or towns: those of 48 towns had nothing to do with it.

The majority of the Indians were highly exasperated when it was known among them that the treaty had been ratified. Fearful of the consequences of their displeasure, MacIntosh, accompanied by a few chiefs, hastened to Milledgeville, and craved the protection of Governor Troup, as well as of the United States authorities. That protection was promised, and MacIntosh accordingly returned; but his house being soon afterward surrounded and set on fire by the Indians, he was shot as he was escaping therefrom, and his body thrown back into the flames. The Indians claimed that they had but punished the delinquent chief according to their law. The governor was about to execute vengeance on the perpetrators, but finding that the government was opposed to that course and was in favor of retarding the execution of the treaty, he desisted

Nevertheless, the Creek lands were duly surveyed. Over one hundred surveyors were commissioned to perform the work, so that it might be done right speedily; and two years subsequently, the entire territory acquired from them was disposed of for settlement by lottery. But in the meantime the government negotiated another and more equitable treaty with the Creeks, by which it was agreed to pay, for the lands owned by them in Georgia, the sum of $217,000, to be divided between the chiefs and warriors; likewise to give them a perpetual annuity of $20,000. Separate provision was also made for the friends and followers of MacIntosh, who were required to remove to land to be purchased for them farther westward.

The Congress of 1828, for the better encouragement of native manufactures, enacted a new tariff law, by which enhanced duties were laid on iron, wool, hemp, distilled spirits, etc. This was received with much dissatisfaction by the com

mercial and agricultural portions of the community. In the canvass for a new president, the passage of the act was made use of with great effect in exciting public indignation, especially in the Southern states. In South Carolina and Georgia, where the feeling against it was strongest, their legislatures declared the act unconstitutional, unjust and oppressive, and that it was not binding on those states which were opposed to its operation. Adams and Jackson being again candidates for the presidency, the latter was elected by a considerable majority. JOHN C. CALHOUN, of South Carolina, was chosen vice-president.

CHAPTER XXVIII.

JACKSON'S TROUBLOUS ADMINISTRATION. VAN BUREN AND HARRISON.

1829-1841.

REMOVAL OF THE CHEROKEES.

IT has been shown in the preceding chapter, how that the difficulties between the United States government, the Creeks, and the state of Georgia, resulted finally in the purchase of all the Creek territory within the latter state. But the dispute with the Cherokees was not so soon adjusted. That tribe then occupied all the north-western portion of the state, which thence became generally spoken of as "Cherokee Georgia." Having a printed constitution and code of laws, they had declared themselves independent; while the American government, by solemn treaty stipulations had guaranteed to respect their nationality, and to secure peaceful possession of the land to them and their heirs for ever.

The general government, in pursuance of its right to regulate intercourse with the Indian tribes, prohibited any United States citizens from settling in the territory, or from trading with the Indians without a special license. But the state of Georgia, having extended the jurisdiction of her criminal courts over the territory, became extremely anxious that the red men should depart, and made repeated efforts to induce them to barter their territory for land beyond the Mississippi. The Cherokees, however, were not a roving nation like the wild Pawnees and Comanches of the plains,

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