This surreptitious treaty was transmitted to Washington, and under a misapprehension of the manner in which it was secured, was ratified by the Senate, on the 3d of March, 1825, the last day of Mr. Monroe’s administration.  Gov.  Troup, acting under this treaty, sent surveyors into the Creek Territory, to lay out the land in lots, which were to be distributed among the white inhabitants of Georgia, by lottery.  The Indians resisted this encroachment, and prepared to defend their rights by physical force—­at the same time sending to Washington for protection from the General Government.  The authorities of Georgia insisted upon a survey, and ordered out a body of militia to enforce it.

On hearing of this state of affairs, President Adams despatched a special agent to inquire into the facts of the case.  After due investigation, the agent reported that the treaty had been obtained by bad faith and corruption, and that the Creeks were almost unanimously opposed to the cession of their lands.  On receiving this report, the President determined to prevent the survey ordered by the Governor of Georgia, until the matter could be submitted to Congress, and ordered Gen. Gaines to proceed to the Creek country with a body of United States troops, to prevent collision between the Indians and the Georgia forces.

On the 5th of February, Mr. Adams transmitted a message to Congress, giving a statement of these transactions, and declaring his determination to fulfil the duty of protection the nation owed the Creeks, as guaranteed by treaty, by all the force at his command.  “That the arm of military force,” he continued, “will be resorted to only in the event of the failure of all other expedients provided by the laws, a pledge has been given by the forbearance to employ it at this time.  It is submitted to the wisdom of Congress to determine whether any further acts of legislation may be necessary or expedient to meet the emergency which these transactions may produce.”

The committee of the House of Representatives, to which this message was referred, reported that it “is expedient to procure a cession of the Indian lands in the State of Georgia, and that until such a cession is procured, the law of the land, as set forth in the treaty at Washington, ought to be maintained by all necessary, constitutional, and legal means.”  The firmness and decision of President Adams undoubtedly prevented the unhappy consequences of a collision between the people of Georgia and the Creek Indians.  A new negotiation was opened with the Indians, by direction of the President, which resulted in declaring the M’Intosh treaty null and void, and in obtaining, at length, a cession of all the lands of the Creeks within the limits of Georgia, to the General Government.