ROYCE.] TREATY OF MAY 6, 1828. 235 
violation of the rights of that State. The provision permitting Chero- 
kees to become citizens of the United States was also characterized as 
an unwarrantable disregard of the rights of Congress. It was further 
asserted that by the treaty of 1819 the United States had shown a dis- 
position and determination to permanently fix the Cherokee Indians 
upon the soil of Georgia, and thereby render it impossible to comply 
with their contract with that State. Yet another feature of this treaty 
too objectionable to be overlooked was the agreement of the United 
States that 12 miles square of land ceded by the Indians should be dis- 
posed of and the proceeds invested for the establishment of a school 
tand for those Indians. In conclusion the committee suggested that in 
order to a proper execution of the agreement with Georgia it would be 
necessary for the United States to relinquish the policy they had ap- 
parently adopted with regard to civilizing the Indians and keeping 
them permanently on their lands, at least in respect to the Creeks and 
Cherokees, and that appropriations should be made from time to time 
sufficiently large to enable the Government to hold treaties with those 
Indians for the extinguishment of their title. 
Commissioners appointed to negotiate a new treaty.—Stimulated by the 
sentiments so strongly expressed in this report of a committee of the 
House of Representatives, the executive authorities determined to make 
another effort to secure a further cession of territory from the Cherokees. 
Accordingly the President appointed! General John Floyd, Maj. 
Freeman Walker, and Hon. J. A. Cuthbert, allof Georgia, commissioners 
to negotiate a treaty with that nation, and advised them of his earnest 
desire that a cession should be secured from the Indians such as would 
prove satisfactory to that State. Messrs. Walker and Cuthbert declined 
their appointments, and Duncan G. Campbell and General David Merri- 
wether were appointed? in their places. General Merriwether dying 
shortly after, was succeeded by Maj. James Merriwether, whom it had 
been the original intention to appoint, but for whose name that of 
General Merriwether had been inserted in the primary appointment 
through mistake. Before any active steps had been taken toward the 
performance of the duties assigned the commission, General Floyd re- 
signed,’ and the President determined to allow the remaining two 
members to constitute the full commission. Their appointment was 
submitted to and approved* by the Senate, and in the transmission 
of their new commissions by the Secretary of War perseverance and 
judicious management were enjoined upon them as essential to success 
in their negotiations. It would seem that all their perseverance was 
needed, for the commissioners were unable to secure even an interview 
with the Cherokee authorities until a date and place had been desig- 
nated for the fourth time. 

1June 15, 1822. 
2 August 24, 1822. 
3 November 19, 1822. 
4March 17, 1823. 
