ROYCE. ] TREATY OF MAY 6, 1828. 233 
the treaty of 1817 until the census should be taken, and the time for 
taking the census having been, by the acquiescence of both parties to 
the treaty, kept open until the conclusion of the treaty of February 27, 
1819, all the reservations taken prior to this latter date were legal, 
more especially as they had been ratified by the recognition of them 
contained in the treaty of 1819. Furthermore, the second article of that 
treaty, taken in connection with the seventh article, continued the 
period for taking reservations until the Ist of January, 1820. Mr. Hous- 
ton was instructed! to preceed to lay off the reservations in consonance 
with this opinion, notwithstanding which the authorities of Tennessee 
took issue therewith and passed a law providing for the sale of the 
disputed reserves, whereupon the War Department instructed 2 Agent 
Meigs to cause one or two test cases to be prepared for trial in the 
courts. 
Whiie on the subject of these reservations it is pertinent to remark 
that by act of March 3, 1823, Congress appropriated $50,000 to be ex- 
pended in extinguishing the Indian title to such individual fee simple 
reservations as were made within the limits of Georgia by the Chero- 
kee treaties of 1817 and 1819 and by the Creek treaties of 1814 and 
1821. James Merriwether and Duncan G. Campbell were appointed as 
commissioners to carry the same into effect. Twenty-two thousand dol- 
lars were also appropriated May 9, 1828, to reimburse the State of North 
Carolina for the amount expended by her authorities in extinguishing 
Cherokee reservation titles in that State under the treaties of 1817 and 
1819. 
UNITED STATES AGREE TO EXTINGUISH INDIAN TITLE IN GEORGIA. 
By an agreement between the United States and the State of Geor- 
gia bearing date April 24, 1802,° Georgia ceded to the United States 
all the lands lying south of Tennessee and west of Chattahoochee River 
and a line drawn from the mouth of Uchee Creek direct to Nickojack, 
on the Tennessee River. In consideration of this cession the United 
States agreed to pay Georgia $1,250,000, and to extinguish the Indian 
title whenever the same could be done on peaceable and reasonable 
terms; also to assume the burden of what were known as the Yazoo 
claims. 
Georgia charges the United States with bad faith.—LEver since the date 
of this agreement the utmost impatience had been manifested by the 
Government and the people of the State of Georgia at the deliberate and 
careful course which had characterized the action of the General Goy- 
ernment in securing relinquishment of their lands in that State from 
the Creeks and Cherokees. Charges of bad faith on the part of the 
United States, coupled with threats of taking the matter into their own 


‘ August 14, 1820. 
® March 7, 1821. 
% American State Papers, Public Lands, Vol. I, p. 1%5. 
