The persevering energy of Troup, however, prevailed.  A treaty was negotiated, and signed by Crowell, as agent, and a number of the chiefs headed by McIntosh.  No sooner was this done, than Crowell, with a number of chiefs, hurried to Washington to protest against the ratification and execution of the treaty, charging the United States commissioners with fraud in the negotiation, under the influence of Troup, prompted by W. H. Crawford and friends.  The fraud charged was in giving presents to the chiefs, and a couple of reservations of land to McIntosh—­one where he resided, and the other around and including the famous Sulphur Spring, known as the Indian Spring, in Butts County.

This habit of giving presents to the chiefs when negotiating treaties has always been the custom of the Government.  They expect it; it is a part of the consideration paid for the treaty of sale, for they are universally the vendors of territory and the negotiators of treaties for their tribes.  This charge was simply a subterfuge, and one that was known would be influential with the mawkish philanthropists of the North, Mr. Adams, and the senators and representatives from New England.  Upon the assumption of fraud, based upon these charges alone, the treaty was set aside by the action of the President and Cabinet alone; and by the same authority a new one made, with a change of boundary, involving a loss of a portion of territory belonging to Georgia under the stipulations of the contract between the State and United States.  The previous or first treaty had been submitted to the United States Senate, and duly ratified, thereby becoming a law, under which Georgia claimed vested rights.

It was under these trying circumstances that the stern and determined character of Troup displayed itself.  Holding firmly to the doctrine of State rights, he notified the President that he should disregard the latter treaty, and proceed to take possession of the territory under the stipulations of the former one.  Upon the receipt of this information, General Gaines was ordered to Georgia to take command of the troops stationed along the frontier of the State, and any additional troops which might be ordered to this point, with orders to protect the Indians, and prohibit taking possession of the territory, as contemplated by Governor Troup.  A correspondence ensued between General Gaines and Governor Troup of a most angry character.  It terminated with an order to General Gaines to forbear all further communication with the Government of Georgia.  This was notified to the President, (if my memory is correct, for I write from memory,) in these terms: 

  “JOHN QUINCY ADAMS, President of the United States: