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Mico, the head chief of the lower towns, in presence of a council of the whole tribe, was that he had no knowledge of any mischief committed by the Indians in Georgia; but stated that he would inquire into the matter, and if he could ascertain where, and by whom, it was committed, he would exert his influence to put a stop to it. I am, sir, very respectfully,

Yr. obt. servt.,

(Signed) LEONARD TARRANT..

Hon. Lewis Cass, Dept. of War, Washington City..

Hon. Lewis Cass,

CHAPTER XII.

Official Letters, 1835.

Executive Department, Ga., Milledgeville, Jan'y 12th, 1835.

Secretary of War.

Sir: I have the honor to acknowledge the receipt of your favor of the 26th ult., enclosing a copy of the opinion of the Attorney General of the United States in relation to the act of the 30th of June last, providing for the investigation and payment of certain claims under the Creek Treaty of 1821. After examining the act referred to, in connection with the opinion of the Attorney General, I take pleasure in acknowledging the liberal and just disposition which I perceive is manifested by the Federal authorities to bring to a speedy and fair adjustment the long-delayed claims of the citizens of the State of Georgia connected with this subject. Under all the circumstances, I feel it my duty, and am therefore willing, to render every aid which may be placed under my control to bring to a proper close this long standing subject of complaint.

I have the honor to be,

Very respectfully, yr. obt. servt.,

WILSON LUMPKIN.

Executive Department, Ga.,

Col. C. H. Nelson,

Milledgeville, Jan'y 12th, 1835.

Long Swamp P. O.,

Cherokee Co., Ga.

Sir: I have received yours of the 3d inst., signifying your aceptance of a part of the agency contemplated by the late act of the Legislature entitled "An act to amend an act more effectually to provide for the government and protection of the Cherokee Indians residing within

the limits of Georgia," a printed copy of which is herewith enclosed, together with the order of your appoint

ment.

The sure guide for all officers and agents under our Government is the letter and spirit of the laws which they are called to administer and execute. You will, therefore, consider your various duties as being best defined by the several acts of the Legislature under which you are called to officiate.

After filing your bond and taking the oath of office required by law, you will be ready forthwith to enter upon the duties of your appointment. A blank bond, with a "Dedimus Potestatem," directed to any two of the Inferior Courts of Cherokee County to administer to you the oath of your office, is herewith enclosed, and, when executed, may be returned to this department by mail.

The principal duties which will be required of you as Agent will be to examine and report to this department, when required to do so in terms of the law, all lots of land which are still subject to be granted, under the act of the 20th of Dec., 1833, and to deliver possession to all applicants who are the legal or rightful owners of all iots of land which have been, or may be, granted under the provisions of the act of 1833 above referred to. In performing the latter duty, to wit: placing the legal owner, holding claims under a grant from the State, in possession of his premises, you may, as has evidently been anticipated by the Legislature, meet with obstructions or resistance. Permit me, therefore, to suggest to you the importance of exercising a precedent forecast in making proper arrangements to meet any exigency which may be apprehended by you. In all cases where the law requires you to demand a change of possession, the law must be snstained. But I would advise, in every case, that you should, in the first instance, rely upon the moral force of the laws of the State, without menace, threat, or irritating discussion of any kind whatever. If, unfortunately, the moral force and authority of the State enforced by reason and right should fail, be prepared to do you duty, by the use of the forcible means provided by law. It is true the law confides the power of using force to the Executive, when, according to the report of the Agent, force may be deemed necessary; but you are an Agent, and upon your reports I should have to supply the force when deemed necessary. And I therefore deem it most expedient, economical and proper to authorize you at once

to exercise a sound discretion, and when you may deem it indispensable you will call to your aid such force as may be necessary to carry this provision of the law into immediate effect. Should any case, however, occur, which should, in your judgment, require a greater force than you may be able to command, you will, without delay, report the case to me, with all the circumstances attending the same. The Legislature having promised a per diem allowance for your compensation, will make it necessary for you to keep an accurate account of all the days you may devote to this particular service. In the execution of the delicate and important trust herein confided to you, permit me respectfully to urge the importance of your keeping me constantly advised of every important matter which may transpire in any way connected with your present agency. Should any difficulty occur which may be calculated to obstruct a due and faithful execution of the law, report the same to me, and you shall promptly have the aid of the best advice which I may be able to afford. The haste with which these instructions have been written will not justify the idea that nothing of importance has been omitted. You will, therefore, without hesitancy, call upon me freely for my further views upon any and all subjects connected with your official duty.

Very respectfully yr. obt. servt.,

WILSON LUMPKIN.

Executive Department, Ga., Milledgeville, Jan'y 14th, 1835.

Col. M. St. Clair Clarke,

Washington, Dist. Columbia.

Sir:-Under the provisions of a joint resolution of the General Assembly of this State, approved on the 20th of December last, the Governor is authorized to employ some fit and proper agent to prosecute the claims of the State of Georgia against the United States, for services rendered and moneys paid by the State during the Revolutionary War. And, further, the Governor is authorized to stipulate with the agent who may be employed that he shall receive a sum not exceeding ten per cent. on the amount received from the United States, which may be as a full compensation for his services. Under all the circumstances connected with the investigation of this

subject (and with which you are fully acquainted) I feel authorized to say to you that I am pleased to have it in my power to tender to you the agency contemplated by the Legislature, and deem it unnecessary to use the formality of inquiring whether you are willing to accept the appointment. I shall therefore herewith enclose to you the necessary order of appointment, which will suffice as your credentials for entering upon the investigation as soon as may suit your convenience. Any preliminary arrangements which may be deemed necessary will, on my part, receive prompt attention. Upon the reception of this an answer will be expected.

I am, sir, with great respect,

Hon. Lewis Cass,

Yr. obt. servt.,

WILSON LUMPKIN.

Executive Department, Ga., Milledgeville, Jan'y 26, 1835.

Washington, D. C.

Sir: I regret the necessity of having again to complain of the lawless depredations of a party of vagabond and strolling Creek Indians (who yet remain in the State of Alabama), on the property and persons of some of the citizens of this State, who reside in the Counties of Lee, Irwin, &c. On the 5th day of Feb'ry last I wrote you on this subject, and had the honor to receive your satisfactory answer, dated the 17th of the same month. Since that time there has been but little disturbance on the subject, until very recently.

I have learned recently, however, through communications entitled to entire credit, that the scenes described in my letter above referred to are again disturbing the repose of the country. Indeed, I have reason to believe that several lives have been lost, both by whites and Indians, growing out of the intrusions and depredations of these savage vagabonds and robbers. If anything can be devised by you to put a final stop to these evils, it will relieve the authorities of Georgia from the painful necessity of resorting to the severe measures of chastisement which the growing insolence of these outlaws calls for. With great respect, I have the honor to be

Yr. obt. servant,

WILSON LUMPKIN.

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