of the Upper Creeks and their
party learned that the treaty had been ratified, they became very much
excited. Mcintosh and his party went to Milledgeville, and told the
governor that they expected violent treatment at the hands of the
Upper Creeks. They begged the protection of the State and of the United
States, and this was promised them.
Out of this treaty grew a very serious conflict between the Federal and
State governments. After a good deal of discussion, the President asked
Congress to reconsider the treaty of Indian Spring, and presented a
new one as a substitute, which was ratified and proclaimed; but popular
indignation ran so high in Georgia, that Governor Troup felt justified
in paying no attention to this new treaty. He proceeded to carry out the
terms of the Indian Spring treaty. Charges were brought against Crowell,
the Indian agent. The governor informed T. P. Andrews, the special
agent, that he would hold no further correspondence with him. The
conduct of General Gaines had been such that Governor Troup requested
the Federal Government to recall, arrest, and punish him. In 1826 the
State Legislature declared that the attempt to repeal the treaty of
Indian Spring by the substitution of another treaty was illegal and
unconstitutional. In September, 1826, Governor Troup ordered the
districts ceded by the treaty of Indian Spring to be surveyed. When the
Indians complained of this, the secretary of war wrote to Governor Troup
that the President felt himself compelled to employ all the means under
his control to maintain the faith of the nation by carrying the treaty
into effect, meaning the treaty made at Washington, and intended to be
a substitute for the Indian Spring treaty. In his reply, Governor Troup
declared that he would feel it to be his duty to resist to the utmost
any military attack which the President of the United States should
think proper to make upon the Territory, the people, or the sovereignty
of Georgia. "From the first decisive act of hostility," he wrote to the
secretary of war, "you will be considered and treated as a public
enemy. You have referred me, as the rule of my conduct, to the treaty
of Washington. In turn I refer you to the treaty of prior date and prior
ratification, concluded at the Indian Spring."
The President issued orders that the surveyors appointed by the State
be prosecuted. Governor Troup thereupon ordered the proper officers, in
every instance of complaint ma
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